The Basics of Your Workers’ Compensation Claim: Get the Benefits You Deserve
No one can predict when a workplace injury will happen. However, knowing in advance what to do and when to do it can help you ensure that your rights are protected in the days (or even months) after your injury.
Workers’ compensation is much like your own personal medical insurance. If you suffer an injury or illness that is related to your job, workers’ compensation benefits will most likely cover expenses related to that injury—including lost wages. Most people are pleasantly surprised to learn that workers’ compensation is designed to cover more than just your initial medical costs. However, you’re entitled to receive a portion of your salary as a disability payment, as well as some rehabilitation and other costs of recovery.
To receive workers’ comp benefits, your employer must have a workers’ compensation insurance policy under the Texas Workers’ Compensation Act. While specific workers’ compensation rules and regulations vary from state to state, the same general principles apply across the board.
Texas Workers’ Compensation Rights
If you are a worker who sustained injuries due to a workplace incident, workers’ compensation laws protect your following rights:
- The right to receive benefits. You’re entitled to receive compensation for lost wages, treatment, and medical bills, provided you meet the stipulations mandated by the Texas Department of Insurance Division of Workers’ Compensation (TDI-DWC).
- The right to keep your claim confidential. You’re entitled to have your claim remain private from anyone other than your employer, TDI-DWC, or insurance carrier. In other words, your employer may not discuss your situation with coworkers or other employees.
- The right to hire an attorney. After your work injury, you’ll want to make sure to abide by all of your legal responsibilities, which include not only informing your employer of your injuries and using an approved doctor, but also sending your claim form to the TDI-DWC by the cut-off date, and providing the TDI-DWC and the insurance carrier with pertinent information that includes your current address, telephone number, and employer information. Successfully managing to complete these tasks can be tough when you’re perfectly healthy and focused—but when you’re in recovery, it can seem almost impossible. However, an experienced attorney can take the weight of worry and responsibility off your back by ensuring your claim’s procedure is completely accurately, swiftly, and successfully.
Texas Workers’ Compensation Regulations
The TDI-DWC regulates who is eligible to receive benefits. Typically, injured workers and eligible family members are covered by workers’ compensation as long as the injury is severe and work-related; however, there are exceptions depending on:
- Who caused the injury.
- What happened to cause the injury.
- Where the injury took place.
- When the injury was sustained.
- How the injury occurred.
Depending on the circumstances of the injury it may be difficult to convince your employer of your workers’ compensation eligibility. That’s where a seasoned workers’ compensation attorney comes into play.
Seeking Legal Help: Find the Right Lawyer for You
Texas workers’ compensation laws are constantly evolving, and it can be very difficult to keep up with ever-changing requirements. Finding an experienced workplace injury lawyer can mean the difference between a successful workers’ comp claim and receiving little to nothing.
Texas workers’ compensation lawyer Steve Lee has been helping Houston-area individuals navigate claims for 40 years. From helping you find the right doctor to seeing you through any potential civil lawsuits related to your injuries, Steve Lee has your back. Schedule your FREE consultation today to see how we can help you build a strong claim from start to finish.