Texas Employees Claim For Compensation For A Work-Related Injury Or Occupational Disease
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FAQ
Workers' compensation policies provide benefits to cover approved injury-related medical expenses, a certain percentage of lost income, rehabilitation, employee death-related costs, and temporary/partial/permanent disability. It will not cover pain and suffering, all lost income, or other quality of life losses.
Texas doesn't require most private employers to have workers' compensation. But private employers who contract with government entities must provide workers' compensation coverage for the employees working on the project.
Because workers' compensation involves no ?settlement? as such, it is largely unaffected by whether you have surgery or not. As long as the surgery is medically necessary, it's usually covered by the state's workers' compensation scheme.
There are no ?settlements? in a Texas Workers' Compensation case, and you can never ?sell? your lifetime medical benefit for any kind of ?settlement? or ?payment?.
As an injured employee in Texas, you have the right to free assistance from the Office of Injured Employee Counsel (OIEC). This assistance is offered at local offices across the State. These local offices also provide other workers' compensation system services from the Texas Department of Insurance (TDI).
This benefit equals 70% of the worker's average weekly wage prior to injury. These benefits do not depend on ability to work and could continue even after the injured worker returns to the job. Doctors assign an impairment rating to the injured worker based on the percentage of permanent physical damage.
While most other states allow lump sum settlements, Texas does not. The only benefits that may be paid in a lump sum are impairment income benefits. If you have been back to work for at least three months and earn at least 80% of your average weekly wage, you can commute your impairment income benefits.
Workers' compensation policies provide benefits to cover approved injury-related medical expenses, a certain percentage of lost income, rehabilitation, employee death-related costs, and temporary/partial/permanent disability. It will not cover pain and suffering, all lost income, or other quality of life losses.
