Getting hurt on the job can be a life-altering experience. On top of the physical pain, emotional distress, and medical bills, you must grapple with the uncertainty of whether you’ll be able to continue earning a living and supporting your family. If you find yourself hurt at work in Texas, learn your legal rights and the steps to protect yourself and your livelihood.
Understanding Your Rights
If you’re hurt at work, you’re expected to notify your supervisor immediately and ensure an incident report is filed. But then what? Injured employee rights in Texas include the following:
- Right to emergency medical care: If your injury is severe, you can seek immediate medical treatment, even before reporting the injury. This is crucial for your health and pertinent to any claim you file.
- Right to file a worker’s compensation claim: Most employers in Texas provide workers’ compensation insurance, offering coverage for injuries sustained on the job regardless of fault. This ensures you can seek benefits for your injuries to cover medical expenses and lost wages.
- Right to legal representation: Navigating a complex workers’ compensation claim can be challenging. You have the right to hire an attorney to represent your interests, ensuring fair treatment from your employer and the insurance company.
Workers’ Compensation Participants vs. Non-Subscribers
Unlike all other states, Texas allows employers to opt out of the state’s workers’ compensation system, labeling them as “non-subscribers.” Here are your options:
- If your employer subscribes to workers’ compensation, you’re entitled to file for benefits covering medical costs and lost wages without needing to prove fault. However, this option limits your ability to sue for personal injuries and receive compensation for pain and suffering.
- If your employer is a non-subscriber, you must pursue a personal injury or negligence claim for compensation. If a third party played a role in your injury, you can also pursue a claim against them. This route potentially offers greater rewards but requires proving your employer’s fault and may involve a longer settlement process.
- If your injury involves both an employer’s workers’ compensation coverage and a third party’s negligence, you can file dual claims. This approach allows you to benefit from the immediate support of workers’ compensation coverage while also pursuing broader damages through a liability claim against responsible third parties.
Contact an Injured-on-the-Job Attorney in Houston
Filing a workers’ compensation or personal injury claim against your employer can be complicated. Having an experienced attorney is crucial to maximize your recovery from all available sources. Nava Law Group is here for you. With our extensive experience, commitment to our clients, and proven track record, we are uniquely positioned to help you navigate the legal aspects of your workplace injury. Our team will work hard to ensure you receive the compensation and support you need to recover and move forward. Contact us today at 713.661.9900 for a free consultation at one of our personal injury law offices in Houston, Bellaire, Edinburg, or Austin, TX.
