When you get hurt on the job, you shouldn’t have to cover the costs you incur for your medical treatment. No one should risk poverty because they chose gainful employment. Workers’ compensation is a program that helps protect workers from a lifetime of financial struggles if they get hurt on the job.
Many Texas employees who suffer injuries while at work can file a workers’ compensation claim to cover the cost of their medical care and a portion of the wages they can no longer earn while they recovery.
However, some injured workers may initially be denied compensation. To seek justice and relief, a worker may then need to turn to the courts.
What if their employer doesn’t have workers’ compensation coverage?
Texas does not mandate workers’ compensation coverage. Employers can opt out of this kind of protection. When your employer doesn’t have coverage or when they are self-insured and refuse to work with you, you may have no choice but to take legal action.
When law-breaking or neglect directly leads to your injury
Occasionally, an injury is the result of a company breaking the law or engaging in very questionable practices. If your employer was grossly negligent or broke the law and you got hurt as a result, you may be able to file a civil suit against them.
If another company or individual causes your injury on the job, e.g., in a collision or through the use of a defective product, you may be able to take action against a third-party for their contributions to your injury.
Workers unsure of their compensation rights after a workplace accident may need legal guidance when reviewing their options.