Injured Employees – What Are Your Rights in Texas?
If you are employed in Texas and have sustained an injury at work, it is essential to know your rights. An injury on the job is considered a workplace injury, and there are laws to protect workers. Contact an experienced Texas workplace injury lawyer to ensure that you are compensated for an accident caused by the negligence of others.
Understanding Injured Employee Rights in Texas
Understanding your rights as an injured employee in Texas is crucial. Knowing these rights can help you navigate the aftermath of a workplace injury and ensure you receive the benefits and protections you are entitled to.
Why It’s Important to Understand Injured Workers Rights
An injured employee must be aware of their rights to protect themselves and secure necessary compensation. Workers’ compensation claims can be complex, and knowing your rights ensures you don’t miss out on benefits or legal protections.
Workers’ Compensation Claim
Filing a workers’ compensation claim with your employer is one of the first steps after a workplace injury. This claim can cover medical expenses and lost wages due to your injury, helping to ease the financial burden while you recover.
Where Do the Most Common Texas Workplace Injuries Occur?
In Texas, employees are often subjected to dangerous conditions or scenarios in the workplace. Some jobs are riskier than others, leading to a higher incidence of injuries.
Riskiest Jobs for Workplace Injuries:
- Construction work
- Oilfield work
- Railway jobs
- Utility work
- Logging
- Commercial fishing
- Transportation jobs
- Warehouse work
Workers in these industries face unique hazards, physical or mental impairment, making it essential for them to be aware of their rights and the protections available to them.
What Are Your Rights If You Get Injured at Work in Texas?
After sustaining an injury at work in Texas, it’s essential to seek medical attention immediately. Understanding your rights can help you navigate the recovery process and ensure you receive the necessary support.
Key Rights of Injured Workers:
- Freedom to choose a doctor to treat your injuries.
- Thorough medical care for your injuries.
- Right to an attorney at all times to assist you with your claim.
- Right to a safe workplace.
- Right to receive workplace safety and health training in a language you understand.
- Right to work with safe machines.
- Right to refuse to work in hazardous situations.
- Right to receive required safety equipment and other personal protective gear.
- Right to be protected from dangerous chemicals.
- Right to request an OSHA inspection.
- Right to speak to an OSHA inspector.
- Right to report an injury or illness.
- Right to get copies of your medical records.
- Right to access and review records pertaining to work-related injuries and illnesses.
- Right to view test results for identifying workplace hazards.
Employees have the legal right to file a workers’ compensation claim with their employer. Unfortunately, Texas is the only state that does not require private employers to carry workers’ compensation insurance, which can complicate the process for injured workers.
Protection from Retaliation
Federal law protects employees from retaliation by employers when they exercise their legal rights. Employers are prohibited from terminating, demoting, transferring, or engaging in any form of retaliation against workers who file a complaint with OSHA.
If an employee suspects retaliation, it is crucial to submit a whistleblower complaint within 30 days of the alleged incident to ensure the concerns are properly addressed and investigated.
Understanding Workers’ Compensation in Texas
What Is Workers’ Compensation?
Workers’ compensation laws in Texas provide benefits to employees who suffer work-related injuries. Unlike personal injury claims, an injured worker need not prove employer negligence or fault; only that the injury occurred in the course and scope of employment.
Workers’ Compensation Insurance and Coverage
While Texas does not require private employers to carry workers’ compensation insurance, those who do must provide income and medical benefits for work-related injuries. These benefits help cover medical expenses and lost wages, offering financial support during recovery.
Workers’ Compensation Benefits
Types of Compensation Available for Injured Employees in Texas
Employees could be entitled to various benefits, including medical expenses, lost wages, and vocational rehabilitation. These benefits can be obtained by filing a workers’ compensation claim or a negligence lawsuit.
Income Benefits as an Injured Worker
Injured workers can collect temporary income benefits if they are unable to work due to their injury. The amount received depends on the severity of the injuries and the regular wages of the employee.
Medical and Other Benefits
Workers’ comp provides medical care, maximum medical improvement, travel expenses, and vocational rehabilitation. These benefits ensure that injured employees receive the necessary treatment and support to return to work or transition to new employment if needed.
What Should I Do After a Texas Workplace Injury?
After suffering a workplace injury or receiving a diagnosis of a serious workplace-related illness, report the incident to your employer and seek medical attention immediately. Document the injury, keep medical records, and any lost wages. This documentation will be crucial when filing your workers’ compensation claim.
The Employee Compensation Process in Texas
The workers’ compensation process in Texas involves reporting the injury, filing a claim, and receiving benefits. It is crucial to understand if your employer offers workers compensation or is considered a non-subscriber, since Texas does not require employers offer workers comp. A workers’ compensation attorney can assist in filing the claim and following up on the status of your benefits.
Common Challenges and Pitfalls
Common challenges in the workers’ compensation process include delayed or denied claims, inadequate benefits, and employer retaliation. Understanding your rights and working with a personal injury attorney can help you navigate these challenges.
How to File a Workers Compensation Claim in Texas
To file a workers’ compensation claim in Texas, report the injury to your employer and then file a claim with the Texas Department of Insurance — Division of Workers’ Compensation. An attorney can assist with this process, ensuring that all necessary steps are followed and that your rights are protected.
Seeking Legal Assistance? Hartley Law Can Help:
If you’re an injured worker and work for a non-subscriber employer, contact a Hartley Law Texas work injury lawyer to discuss your work injury case. Contact us today for a free consultation to explore your legal options. A qualified workers’ compensation attorney can help you file a claim or direct lawsuit to get the help you need.
If you are injured on the job, you have rights as an injured Texas worker. A personal injury lawyer understands these rights and can help you navigate the next steps after a workplace accident. Learn more about how Hartley Law can assist you by contacting us online or calling us today (469-966-2259).
