Texas is one of the few states in the country that does not have compulsory workers’ compensation regulations. This does not mean that your own employer does not have this type of insurance, but you should aware that you may not be automatically covered. Workers’ comp, when it is available, can help to pay hospital or other medical bills if you suffer a workplace related injury or illness. It can also pay a portion of any earnings which you lose because you are at home or in hospital being treated or recovering. In the event that workers’ comp. is not available at your workplace, contact an attorney if injured at work. Employment in Texas Texas is a big state, with a big population. According to the latest figures (supplied by the federal Bureau of Labor), the May 2016 employment total in Texas was 11,745,250 across all employment categories. The most common type of job in Texas is the same as it is anywhere else in the U.S. 17% of employed Texans work in offices, while smaller numbers work in equally important occupations in the Lone Star State. Just less than 10% work in sales type jobs in the retail sector, slightly less in food preparation in restaurants and fast food outlets, 7% work for transportation businesses and 6% in education and training. Accidents and ill health can happen in any job, so it is wise to know where you stand if you are in one of the riskier Texas occupational categories. Texas Rules Concerning Workers’ Compensation Employers in Texas are given the choice whether to take out workers’ compensation insurance if they wish to do so or not. This is unusual as most other states make it mandatory for most employers to have cover for their employees if they contract an illness while at work or suffer an injury as a result of an accident. There are advantages for both employer and employee when workers’ insurance is available, so despite the option, many employers do in fact take out this type of insurance. If you are an employee and are injured or become sick and know that your employer has workers’ comp. insurance there are two deadlines that are important to remember: Inform your employer within 30 days of the injury or discovery of the illness; File a workers’ comp. claim within 1 year of the date of the injury or discovery of the illness. How Compensation for Workplace Injuries and Illnesses Might Work in Texas Although employers (with exception of public employers) are able to choose whether to take out workers’ comp. insurance, they are required to tell the Texas Division of Workers’ Compensation and you, the employee, whether cover exists or not. If you work as a sales assistant in a large store which is owned by an uninsured employer and break a leg as a result of a workplace trip and fall accident, you may have the right to file a private claim for compensation against the employer. Workers’ comp. claims are almost always no-fault claims, so it doesn’t usually matter if you are at fault or not. But if you are filing a private lawsuit, because there is no other option, you must be able to prove that the workplace environment and therefore your employer, was to blame for the injury. One advantage of a personal injury claim is that the compensation payment awarded might be substantially higher than if it was purely workers’ comp. Contact With an Attorney is Usually Advisable in Texas Partly because fewer employers carry workers’ comp. insurance and there may be doubt about how you are going to cope financially if you have an accident at work or become ill it is advisable to contact an experienced attorney. The attorney will advise you about your legal rights and suggest the best way forward to recover compensation for the cost of an injury or illness that happened while on the job.
