Workplace injuries can leave employees with medical bills, lost wages, and uncertainty about their financial future. If you’ve been injured on the job in Texas, you may be entitled to compensation, but your eligibility depends on factors like workers’ compensation coverage, employer policies, and legal protections under state law.
How Does Workers’ Compensation Work?
As outlined by the Texas Department of Insurance, Texas does not require most private employers to carry workers’ compensation insurance. However, businesses that contract with government entities must provide coverage for employees working on those projects. Additionally, some contractors mandate that their subcontractors and independent contractors have workers’ compensation coverage.
If your employer participates in the Texas workers’ compensation system, you may be entitled to:
- Medical benefits to cover doctor visits, surgeries, and rehabilitation
- Income benefits to replace a portion of lost wages if you’re unable to work
- Death benefits to support surviving family members in fatal workplace accidents
- Burial benefits to assist with funeral costs
If your employer does not provide workers’ compensation coverage, you may need to file a workplace accident claim to seek compensation for your injuries. This could involve pursuing a personal injury lawsuit against your employer.
Injured at Work Compensation
If you’ve suffered a work-related injury, you may be eligible for several types of benefits designed to provide financial support during your recovery. These benefits include:
- Temporary Income Benefits (TIBs):Â If your injury causes you to miss work for more than seven days, TIBs will replace 70% of the difference between your pre-injury wages and post-injury earnings. However, if your earnings are below the state’s average weekly wage, the benefit rate increases to 75%. These benefits can last up to 104 weeks.
- Impairment Income Benefits (IIBs): When your injury results in permanent impairment, you can receive IIBs based on the permanent impairment rating. These benefits are calculated at 70% of your average weekly wage for the duration of the impairment.
- Supplemental Income Benefits (SIBs): After IIBs, if your impairment rating is 15% or higher, SIBs are available. These are paid monthly and cover 80% of the difference between 80% of your average weekly wage and your current earnings, provided you are actively seeking work.
- Lifetime Income Benefits (LIBs): For catastrophic injuries, such as paralysis or severe brain injury, LIBs provide ongoing financial support at 75% of your average weekly wage, with an annual increase based on 3% or the rate of inflation, whichever is lower.
These benefits are crucial for ensuring that injured workers have the financial resources to recover and move forward.
What Laws Protect Employees During Workplace Injuries?
Texas laws provide several protections for injured workers, including:
- The Texas Workers’ Compensation Act – Governs how claims are handled and what benefits you may receive
- Occupational Safety and Health Administration (OSHA) Regulations – Require safe work environments
- Anti-Retaliation Laws – Under Texas Labor Code § 451.001, employers providing workers’ compensation cannot fire or discriminate against employees for filing a workplace injury claim. If an employer does not provide workers’ compensation, an employee may have grounds for a wrongful termination lawsuit.
I Fell at Work—What Are My Rights?
If you fell at work, your rights depend on whether your employer has workers’ compensation. If they do not, you may file a personal injury lawsuit to recover damages. Your rights as stated by the Office of Injured Employee Counsel (OIEC) include:
- The right to seek medical treatment related to your workplace injury.
- The right to hire an attorney for help with your workers’ compensation claim.
- The right to continue receiving income benefits if you’re unable to return to work.
- The right to dispute denied claims related to income or medical benefits.
- The right to choose your treating doctor.
- The right to have your claim information kept confidential.
Additionally, if your employer retaliates against you for filing a claim, such as by firing or demoting you, you may have legal grounds to take further action.
When to Get a Lawyer for a Work Injury
You should consult a workplace injury lawyer if:
- Your employer denies your workers’ compensation claim
- You were injured by a third party, such as a contractor or manufacturer
- Your employer does not have workers’ compensation and you need to file a lawsuit
- You were wrongfully terminated after filing a claim
Get Legal Help for Workplace Injuries in Texas
If you were injured at work and need assistance recovering compensation, our experienced workplace injury attorneys can guide you through the legal process. Contact us today for a free case evaluation to protect your rights and secure the financial support you need.
