Every year, millions of people suffer from job-related injuries. Employers in Texas are not required to have workers’ compensation insurance. If you’re injured during your job, you have every right to receive compensation for your injury regardless of whether your employer has workers’ compensation insurance or not.
If your employer has workers’ compensation coverage, you have to file a workers’ compensation claim before any benefit payments can even be considered. If not, you’ll need to work with a workers’ compensation lawyer to file a claim against your employer in court. Our experienced workers’ compensation lawyers at Austin Lawyer Referral Service can provide assistance with both making a workers’ compensation claim and filing a civil lawsuit to obtain compensation.
Report Your Injury
First and foremost, it’s of utmost importance that you file an accident report with the employer to initiate the process, regardless of whether your employer does or does not have workers’ compensation coverage. The injury should be reported within 30 days of when the accident happened to give your employer as much time as possible to do their part. Make sure you accurately report the circumstances of the accident and resulting injury, including date, time and how the injury occurred. Failure to notify the employer of your injury within 30 days may forfeit your ability to receive benefits for the specific work-related injury or ailment.
Filing a Workers’ Compensation Claim
If your employer has coverage, you have to go through the workers’ compensation system to get any compensation for your injury. You should submit your Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease to the Texas Department of Insurance or work with your employer to ensure it’s submitted. In Texas, you have a year from the date of the accident or after you’ve learned about your work-related occupational illness to file your claim.
Since worker’s’ compensation is a form of insurance, the insurance companies may at times deny or delay coverage for a particular treatment, or demand that you return to work before your doctor approves. It’s, therefore, crucial that you talk to a workers’ compensation attorney in advance to collect evidence and take the steps necessary to build a strong case. He or she will evaluate your case and see what you can do and how much you can recover, making sure you get everything you’re entitled to have.
If your employer doesn’t carry workers’ compensation insurance or if your injuries were due to the negligence of a third-party, you may have to file a personal injury claim against your employer to recover damages associated with your accident. Having an experienced attorney by your side will make the process of filing for an injury claim easier and more apparent.
If you were injured in an on-the-job accident, our experienced attorneys are ready to fight on your behalf getting you the compensation you deserve for your medical bills, lost wages, emotional anguish, disfigurement and more. Our referral intake counselors are here to guide you through all phases of the workers’ compensation process. Contact Austin Lawyer Referral Service today for a free consultation!
