Virginia Personal Injury Lawyers
Injuries often occur in unexpected ways and can prevent someone from working. In the case that this occurs, workers’ compensation and looking into your employers insurance are often good courses of action.
How to File for Workers’ Comp in Texas
Employers in the state of Texas often carry workers’ compensation to protect themselves against lawsuits. Workers’ compensation insurance provides benefits to wage replacements for workers who are injured on the job. Insurance can cover lost wages and medical expenses that result from the injury. In turn, workers revoke the right to file a lawsuit against their employers. The employee and worker must file the injury to insurance within thirty days of the incident. Filing with the workers’ compensation court is also a good way of protecting your rights. Filing with the court makes sure that both your employer and their insurance are aware of the injury. Employers must then send a report of the injury to their insurance within the eight days of knowing of the injury.
General Information About Workers’ Compensation
Worker’s rights can change depending on the state they live in, but most are the same from state to state. For example, you have the right to see a physician and if you are released, you have the right to return to work. This may include compensation for disability that leaves a worker injured for a longer period of time. The wages received from the workers’ compensation can be distributed in different ways. It may come in weekly compensation or as permanent compensation. The amount paid is often an average of the wages lost distributed out to the person who has the injury.
When Workers’ Compensation Is Not an Option
Although most employers are required to offer workers compensation, some cases are not accepted. In the case that the employee was not following proper rules and regulations of the employer, they are held liable. It also applies if the employee does not submit to a drug test, as they are assumed to be liable because they were under the influence. It is unlikely the employee will receive compensation if the employee breached his or her responsibilities. In addition, employers are not liable if someone was injured by an independent contractor. Independent contractors are often workers who are hired for a one time job and use their own tools. This is in contrast to employees who are paid, receive benefits, and work under their employer.
Workers’ compensation allows for employees to receive compensation from their employer. The compensation is not applicable if the employee was negligent or harmed by an independent contractor. In short, workers’ compensation is a valuable solution in the case that an employee experiences an injury while working. Contact a lawyer, like an on-the-job injury lawyer in Arlington, TX, if you or someone you know has a claim to make.
Thanks to Brandy Austin Law Firm, PLLC, for their insight into workers’ compensation.