Workplace Injuries in Texas: Understanding Your Rights
We help Texas workers understand their rights and pursue compensation after a workplace injury, guiding you through complex claims with experienced legal support.
Workplace Injuries in Texas: Understanding Your Rights
Workplace injuries are an unfortunate reality for many Texans, occurring across industries from construction and oil fields to offices and healthcare facilities. These incidents can result in significant medical bills, lost wages, and long-term physical or emotional challenges. Fortunately, Texas law provides mechanisms for injured workers to seek compensation and recovery. However, the state’s unique approach to workers’ compensation—where coverage is optional for most private employers—can make the process complex. In this article, we’ll explore key Texas statutes governing workplace injuries, your rights as an injured employee, and when and why you should contact a dedicated law firm like Payne, Powell, Truitt & Chandler to handle your claim.
Overview of Texas Workers’ Compensation Laws
The primary framework for addressing workplace injuries in Texas is the Texas Workers’ Compensation Act, found in Title 5 of the Texas Labor Code. This act establishes a state-regulated insurance program that covers medical expenses and replaces a portion of lost wages for employees injured on the job or suffering from work-related illnesses, regardless of fault. It includes coverage for traumatic injuries, occupational diseases (e.g., repetitive strain or exposure to hazardous substances), and even death benefits for families.
Unlike most states, Texas does not mandate workers’ compensation insurance for private employers—making it the only state with this elective system. Employers who choose to participate (subscribers) provide no-fault benefits but are generally protected from lawsuits by the “exclusive remedy” provision, meaning injured workers cannot sue them for negligence. Non-subscribers, however, can be sued directly for damages, though they lose certain common-law defenses like arguing the injury was the employee’s fault.
Public employers and those contracting with government entities must provide coverage. Employers must notify employees of their coverage status at hiring and post notices in the workplace. Injuries must be reported to the employer within 30 days, or for occupational diseases, when the worker knew or should have known of the connection to work. The Texas Department of Insurance’s Division of Workers’ Compensation (DWC) oversees the system, handling disputes and ensuring compliance.
Benefits under the act include:
- Medical Benefits: Coverage for necessary treatment, including doctor visits, hospital stays, medications, and rehabilitation.
- Income Benefits: Temporary income benefits (up to 70-75% of average weekly wages), impairment income benefits for permanent losses, supplemental income benefits for long-term disability, and lifetime benefits in severe cases.
- Death and Burial Benefits: For fatal injuries, providing support to dependents and covering funeral costs.
Exceptions exist for self-inflicted injuries, intoxication-related incidents, or horseplay.
Your Rights as an Injured Worker in Texas
Texas statutes protect injured employees with several key rights to ensure fair treatment and compensation:
- Right to Medical Care: You are entitled to reasonable and necessary medical treatment for your work-related injury or illness, potentially for as long as needed. You can choose your treating doctor (with some restrictions if in a network), and change once without approval.
- Right to Income Benefits: Eligible for wage replacement if unable to work, including temporary, impairment, supplemental, or lifetime benefits based on the injury’s severity.
- Right to Dispute Resolution: If denied benefits, you can seek free assistance from the Office of Injured Employee Counsel (OIEC) or request mediation, hearings, or appeals through the DWC. You also have the right to hire an attorney.
- Right to Sue (in Some Cases): If your employer is a non-subscriber, you may file a personal injury lawsuit for negligence, potentially recovering full damages including pain and suffering. The statute of limitations is typically two years for such suits.
- Right to Non-Retaliation: Employers cannot fire or discriminate against you for filing a claim in good faith.
These rights apply to most employees, though some (like independent contractors) may not qualify.
Steps to Take After a Workplace Injury
Prompt action is essential to protect your claim:
- 1.Seek Immediate Medical Attention: Prioritize your health and document the injury.
- 2.Report the Injury: Notify your employer within 30 days to start the process.
- 3.File a Claim: Submit DWC Form-041 to your employer’s insurer within one year.
- 4.Gather Evidence: Keep records of medical treatments, witnesses, and incident details.
Consult Professionals: Contact OIEC for free help or an attorney for guidance, especially if benefits are denied or your employer is a non-subscriber.
When and Why to Call Payne, Powell, Truitt & Chandler
If your employer does not carry worker’s compensation insurance, call us immediately. If they do, navigating Texas workers’ compensation or a negligence lawsuit can be overwhelming, particularly with disputes over benefits, non-subscriber status, or complex injuries. This is when experienced legal representation becomes invaluable. At Payne, Powell, Truitt & Chandler, our team in Lubbock and West Texas has over 100 years of combined expertise in personal injury and workers’ compensation cases.