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Understanding Workers’ Compensation

Apr 9, 2024

Workers’ compensation is a state-mandated program that ensures employees receive appropriate compensation if they are injured or become ill while performing their job duties. While employers are not always required to provide workers’ compensation, those who do must comply with the law to ensure that employees are fairly compensated, regardless of whether the “at fault” party is the employer, a co-worker, a customer, or a third party. If you are injured on the job, consulting a workers’ compensation lawyer can be crucial in claiming the benefits you are entitled to.

To help you navigate this process, we’ve answered some of the most commonly asked questions about workers’ compensation law.

Does Workers’ Compensation Only Cover Medical Bills?

Workers’ compensation goes beyond just covering medical and hospital expenses for diagnosing and treating the injury. Employees are also entitled to disability payments, which typically amount to about two-thirds of their regular salary, until they are able to return to work. In some cases, the compensation may also cover retraining, rehabilitation, and other related benefits.

Does Workers’ Compensation Cover All On-the-Job Injuries?

While workers’ compensation covers most on-the-job injuries, there are exceptions. Employees may not receive benefits if:

  • The injury occurred while the employee was intoxicated or under the influence of illegal drugs.
  • The injury was self-inflicted.
  • The injury happened while the employee was committing a serious crime.
  • The injury resulted from conduct that violated the company’s policies.

Is Physical Presence at the Workplace Necessary to Receive Workers’ Compensation?

Workers’ compensation covers any job-related injury, even if it occurs outside of the workplace. For example, if you are injured while traveling for a business meeting or on a business trip, you may still be eligible for workers’ compensation benefits.

Are Long-Term Conditions and Injuries Covered Under Workers’ Compensation?

Yes, workers’ compensation may cover long-term conditions, such as injuries, illnesses, or diseases that develop due to repetitive stress, overuse, or inappropriate work conditions. Employees may also be eligible for compensation for conditions like lung disease or heart issues that are caused by workplace conditions.

When Will I Start Receiving Cash Benefits?

Typically, an employee will not receive cash benefits for the first seven days of the injury. However, if the disability extends beyond fourteen days, the cash benefits will be calculated from the first day of absence. If an employee returns to work but is unable to earn the same wage as before the injury, there is a provision to receive up to two-thirds of the difference in wages.

How the Lawyer Referral Service Can Help

When an employee receives workers’ compensation, they generally forfeit the right to sue the employer in court for workplace injuries or illnesses. Many workers are unsure whether to file a workers’ compensation claim or pursue a civil claim against their employer, making it difficult to decide the best course of action. In such cases, you can contact the experts at the Lawyer Referral Service (LRS). Our team will assess your situation and, if needed, refer you to a qualified workers’ compensation lawyer. To discuss your case, call (512) 472-8303 or toll-free at (866) 303-8303.

Workers Compensation

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If you have any questions about the Lawyer Referral Service or would like a referral, call us at (512) 472-8303 or submit an a request below explaining the nature of your legal issue. You can also get an Instant Referral here.

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Lawyer Referral Service of Central Texas
P.O. Box 2341
Austin, TX 78768 

referrals@austinlrs.org
(512) 472-8303

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