Injured on the job in Texas

Learn what to do if you have been hurt at work in Texas

You have been hurt on the job, now what?

How Does Workers' Compensation "Work" in Texas?

Am I covered by Texas Workers' Compensation Insurance?

By law your employer should post notice in the workplace if they are part of the workers compensation network. This should also be told to you when you are hired. If you are still not sure you can verify the status of your coverage on the Texas Department of Insurance (TDI) website. Status for both subscribers (workers compensation) and non-subscribers (not covered by workers compensation) can be searched. In addition you may also call TDI to check.

What do I do if my employer is a non-subscriber (no workers compensation coverage)?

What to do if your job has no insurance for injured workers...

Verify that your company has no other private coverage for employees, again TDI can assist you with this. If you are contractor or temporary employee, check the fine print in any contract or paperwork that you completed when you were hired. If no coverage exists check with a private attorney to see what your options may be to file a civil lawsuit in Texas or seek damages.

Important workers compensation deadlines

You must report you injury to your employer before 30 days.

You have ONE year to file notice with TDI, do not wait this long, file as soon as possible.

How to report your injury

What to do after an accident at work in Texas...

Report the injury to your supervision as soon as possible, do so in writing so this can be documented if possible. Remember you must report any work injury no later than 30 days after it happens. This includes acute injuries such as a fall or chronic injuries such as asbestos exposure. Report your injury to your company even if they are not part of workers' compensation.

Next, report your injury to the Texas Department of Insurance (TDI) if your employer is a subscriber. Do so even your injury is resolved or seems minor. If you employer tells you not to report the injury be sure to do just the opposite!

You may notify TDI by call, fax, email or send a notice by postal service. No matter how you report the injury be sure to get written confirmation that they have received your injury report.

Types of benefits available to you as an injured worker

The benefits available to injured workers are twofold, benefits and care. The type of benefits will depend on how severe your injury is and how long you are unable to work.

Benefits

Benefits under Texas workers compensation may include, but not be limited to the following:

Lost wages
Temporary income benefits
Benefits based on the severity of your injury
Supplemental benefits
Death benefits

Care

In Texas if you are injured on the job you are eligible to receive medical care and treatment for as long as needed. This includes treatment for life or if you move out of state. Covered conditions include pre-exisitng conditions that have been aggravated or re-injured and mental health injuries.

Can I see my own doctor if I am injured at work?

Yes, just know that you may be required to see a doctor assigned by workers' compensation or by the company. It is highly encouraged that you get an independent opinion of your injury from an independent doctor. If you do just be sure to tell them that this is for treatment of a work injury.

Do I have the option to sue my employer if I am injured at work?

If your employer is a workers' compensation subscriber you generally do not have the option to file a civil lawsuit, however exceptions do exist. If a third part is involved, for example if you are driving a company vehicle and are considered at work when struck by another driver, options to sue a third party exist.

If you company is a non-subscriber and no explicit provision in your employment prohibits it you generally have the option to file a lawsuit.

In all cases negligence must be proved. Always consult an attorney.

What options exist for First Responders (Fire/Police/EMS)

Under Texas law special provision apply to first responders or other public servants injured at work. These may include presumption of injury for the injured employee, coverage of conditions such as post-traumatic stress disorder (PTSD) or if you face discrimination because of your injury.

Learn more about what workers compensation pay's in Texas if you are injured in the workplace.