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Texas workers’ compensation laws are quite different from those of other states in the US. In this state, most businesses/private sector employers are not required to have workers’ compensation insurance for their employees. However, a good number of employers in the private sector choose to carry coverage because it is a cost-effective and comprehensive option. In this article, we’ll be answering some of the frequently asked questions (FAQs) about Texas workers compensation. Continue reading to learn more!
What is workers’ compensation?
Workers’ compensation is an insurance program regulated by the state that provides medical and income benefits to employees for injuries or illnesses they sustained at work or when carrying out their work duties. This cover will give those benefits to an affected employee regardless of who is at fault. Workers’ compensation in Texas covers trauma injuries due to awkward working positions or doing repetitive tasks (such as, back injuries caused by lifting heavy objects) and occupational illnesses (such as, chronic lung conditions due to breathing in toxic chemicals at work). Also, the family or dependents of a worker who is killed in the line of duty will be paid his or her death and burial benefits.
Please note that the injuries/illnesses covered by Texas workers compensation are only those that the worker sustained while fulfilling his or her employment duties. If you sustain a self-inflicted injury, were injured because you were intoxicated, or were injured because you were joking about or ignored safe work practices, then you won’t receive any benefits from this cover. This insurance cover also expects workers to use no other safety equipment but those provided by the employer.
Does the law require all employers to carry compensation insurance?
No. As mentioned above, it is not a requirement that Texas private sector employers should carry this insurance cover. However, those who carry it must inform employees and issue a notice at the workplace containing the name and details of the insurer.
If I sustain workplace injuries/illnesses, can I sue my employer?
You cannot sue your employer for workplace illnesses or injuries if he or she carries compensation. However, you are allowed to do so if you are ill from exposure to asbestos, or if injured while working on a boat or ship, or while operating a punch-press. You can also sue a third party if he or she was at fault.
What should I do if my employer doesn’t carry compensation insurance?
Some private-sector employers do not carry workers’ compensation and prefer to use private workplace injury insurance plans instead. These plans are generally regulated by a federal law known as ERISA. If your employer subscribes to a private plan, he or she is required by law to inform you about it at the start of your employment, together with the requirements, such as where you are supposed to receive medical care, the appeal process to be followed in case of a grievance or claim, and direction on how to give notice of your injury in case you sustain one.
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