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Posted 10/20/2017

Texas Workers Comp Laws

Texas Workers Comp Laws

Did you get hurt on the job? If so, you very likely qualify for workers compensation benefits. This is usually a combination of medical coverage and cash payments each week.

Workers Comp Protects Workers

In the past, workers weren’t entitled to any benefits after being injured. You simply couldn’t work and didn’t get paid while you recovered. In most states, there are laws in place that require employers to carry workers compensation insurance in case an employee gets hurt while performing his or her job duties.

Texas, however, does not require employers to maintain a workers compensation insurance policy. This doesn’t mean that injured workers don’t have options, however. If you get hurt at work and your employer doesn’t carry workers comp, you can file a personal injury claim if the work accident was caused by someone else’s negligence.

Workers Comp Benefits

Workers compensation insurance compensates injured workers after an on-the-job injury. Injured workers are entitled to a portion of what they were earning prior to the accident to help support them financially while they recover. Injured workers are also entitled to having their medical bills paid for.

There are four main types of workers compensation benefits in Texas:

  • Wage compensation or cash benefits

  • Medical benefits

  • Burial benefits

  • Death benefits

Your Impairment Rating Matters

When you’re injured, you will be given an impairment rating. That rating will impact the amount of your weekly cash benefits. If your rating is too low, you may need a work comp lawyer to file a dispute and represent you at a hearing. Your attorney will present information on why your disability should be classified differently.

Types of Income Benefits

In Texas, injured workers can receive benefits based on the state average weekly wage (SAWW):

  • Temporary Income Benefits – Workers can receive up to 100 percent of SAWW.

  • Impairment Income Benefits – This is up to 70 percent of SAWW.

  • Supplemental Income Benefits – Also 70 percent of SAWW.

  • Lifetime Income Benefits – This is up to 100 percent of SAWW.

  • Death Benefits – Typically paid to a surviving spouse; also 100 percent of SAWW.

Again, the level of impairment matters. To ensure that you are maximizing your work comp benefits, you should speak with a lawyer.

Talk to a San Antonio Workers Compensation Lawyer

If you were injured at work and are being denied benefits, you need help from an experienced work comp attorney. You can speak with one at J.A. Davis & Associates, LLP by calling 210-732-1062 or by contacting us on our website.

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