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Although most states have had workers’ compensation insurance and regulations for over 100 years, workers’ comp is still a source of uncertainty and confusion, especially in Texas.
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The truth is, although we often think of workers’ comp as applying to high-risk professions like construction and manufacturing, workers’ comp protects every worker who is injured on the job. Understanding what it is and how it works is essential to protect yourself and your family. Here is an overview of what most workers need to know about workers’ comp, but remember that it’s best to contact a workers’ compensation lawyer for information about your specific case.
Workers’ compensation is a form of insurance that protects workers who have been injured at work and their families. Workers’ comp covers all the costs related to the injury, including medical and prescription bills, lost wages, rehabilitation costs, and other injury-related expenses.
If a worker has been killed on the job, workers’ comp provides death benefits to the family, including funeral expenses and financial benefits for the lost earnings.
If you are injured on the job, it is important to follow the correct procedures to protect your rights. If you are injured at work:
Workers’ comp is a form of insurance that covers the employer from certain kinds of liability and damages, so the employer is the one who purchases workers’ comp and pays the premium.
This means that it is usually the employer who files a workers’ compensation claim when there has been an accident or injury. However, it is a good idea to know how to file a claim yourself, and follow up independently. There is a time limit to apply for workers’ comp claims, so making sure the claim has been filed or filing it yourself ensures that you stay within the statute of limitations.
To file your own workers’ comp claim, contact the TDI Workers’ Comp Division by phone or online.
Workers’ comp claims can be denied for many reasons, and not all of those reasons are fair or correct. If your workers’ comp claim has been denied, you can contact the Texas Department of Insurance for help filing an appeal.
However, if your claim has been denied, it’s always a good idea to seek a consultation with a workers’ compensation lawyer. Without new information or a more compelling argument, your claim may be denied a second time. Furthermore, your bills and costs are adding up throughout the appeal process, which makes a difficult time even more stressful. A qualified workers’ comp attorney can give you personal advice about your case and help you understand your rights.
If your workers’ compensation claim is denied, contact the Texas Department of Insurance to request a Benefit Review Conference. During the Benefit Review Conference, a TDI Benefit Review Officer will meet with you and with a representative of your employer to discuss your claim and attempt to reach an agreement. Although this is an informal meeting, it is always a good idea to consult with a workers’ compensation lawyer beforehand. Your employer has lawyers on their side; you should have a lawyer on your side.
If you and your employer cannot reach an agreement during the Benefit Review Conference, you have two choices:
If you disagree with the Hearing Officer in your Contested Case Hearing, you can appeal to the Division of Workers’ Compensation Appeals Panel. If you disagree with the ruling of the Appeals Panel, you can take the case to the Texas State court system and sue. This appeal process is complex, time-consuming, and involves a huge range of legal processes. It is essential to work with a Texas workers’ compensation attorney to advance through the workers’ comp appeal process.
Workers’ compensation insurance protects workers who have been injured on the job and their families. It provides compensation for all the costs associated with a work-related illness, injury, or fatality, and the process is often simple and straightforward. However, not all workers’ comp claims run smoothly, and appeals can become slow and complex. If you have questions about your workers’ comp claim, contact the law offices of Aaron Allison for a free consultation.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Aaron Allison, who has vast legal experience as a workers compensation attorney.
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