Workers’ compensation allows people who are injured or sick on the job to receive the medical attention they require. Workers’ compensation also covers disability income for those wounded or sick due to their job. Every state, including Texas, has a workers’ compensation program.
Workers’ compensation is not required in Texas, unlike most other states. Employers are not required to participate. Suppose an employer chooses to participate in the workers’ compensation system. In that case, the employer cannot be sued, and workers’ compensation benefits are the only source of compensation for an injured employee following a workplace injury unless a lawsuit against a non-employer may be launched.
This means that you must understand how to file a workers’ compensation claim if you are wounded on the job, if a loved one dies, or if you become ill due to your job. Call immediately to schedule a consultation and learn more about how a skilled accident attorney in San Antonio, Texas, can assist you with your case.
How Does Texas Workers’ Compensation Work?
Workers’ compensation insurance is purchased by a company that wants to participate in workers’ compensation in Texas. This insurance will help an employee or his family if they become ill, injured, or die while on the job.
The employee must notify the employer within 30 days following an accident that results in injury or within 30 days of diagnosing a work injury or sickness. The insurer will be notified, and payments will begin to be paid to the injured worker. The following benefits should be available:
- Medical expense coverage
- Wage loss/disability income
- If an employee is killed on the job, death benefits and funeral costs are paid
Unlike a personal injury or wrongful death claim, an employer’s carelessness has no bearing on whether or not an employee may get benefits under workers’ compensation.
In Texas, workers’ compensation should offer benefits if the employee can prove that his work activities caused his health problems. This is true even when a person develops a repetitive stress injury like carpal tunnel syndrome due to hazardous exposure at work.
Medical expenditures will be reimbursed for the employee who is unable to work. They will be eligible for temporary income benefits (TIBS) for 105 weeks or until maximum medical improvement (MMI) is achieved. The employee will be granted an impairment rating and receive Impairment Income Benefits (IIBS) after MMI is reached. If the employee’s impairment level is 15% or higher, they may be eligible for Supplemental Income Benefits (SIBS).
Working with a workers comp lawyer in San Antonio can be substantial, and they can help you stay afloat financially after an injury. You must ensure that you receive all of the benefits you are entitled to. Your employer or carrier does not attempt to deny a valid claim or otherwise unfairly limit your access to workers’ compensation.
In Texas, How Much Do Workers’ Compensation Benefits Cost?
If you are incapable of working due to your injuries or your injury prohibits you from earning your usual wage, you may be eligible for temporary income assistance. Texas uses a formula to determine these benefits: 70% of the difference between your usual weekly wages and the wages you can earn after your accident, or 75% of the gap if you earned less than $10 an hour.
Supplemental Income Benefits
If you meet the following criteria after your impaired income benefits have run out, you may be eligible for supplemental income payments:
- You had a permanent disability rating of 15% or more
- You haven’t been able to return to work or earn at least 80% of your former earnings
- You didn’t opt for a lump-sum payment of your impairment income benefits
- You’re actively looking for a job or undergoing vocational rehabilitation (see below for further information)
- You reapply every three months, accompanied with documents proving your eligibility
You can receive supplemental income assistance for up to 401 weeks if you qualify. Calculate your weekly benefit amount by subtracting 80 percent of your pre-injury earnings from your post-injury wage. You’ll get 80% of that, subject to the same maximum and minimum limits as impairment income benefits.
Texas does not force private firms to join the workers’ compensation system. You can claim your injuries in court if your employer chooses not to carry workers’ compensation insurance. While this is normally a more time-consuming and involved process, you can recover the full amount of your lost wages and pain and suffering when working with the best personal injury lawyer in San Antonio.
The Harper Law Firm is a personal injury law firm based in Texas. We’re committed to helping people throughout the state who have been injured in car accidents, 18-wheeler accidents, and other accidents that could have been avoided if negligence hadn’t been involved. Contact us if you need a workers comp lawyer in San Antonio.