Workers' Compensation: Overview
Most states require employers to have workers’ compensation insurance for their employees’ injuries. When an employee is hurt, their case goes through the state’s workers’ compensation system. Like other states, Texas has a workers’ compensation system; it is administered by the Texas Department of Insurance.
If hurt at work and going through the state system, perhaps the two most important things for an employee to know are: (1) notify the employer within 30 days, and (2) file the claim within one year.
Sadly, if the timelines are not followed, compensation may be unavailable. Learn more here (FAQ #1).
Workers' Compensation: Types of Benefits
The natural question after a workplace injury is, “What benefits are available?” That doesn’t make someone greedy; it makes them human. This is because injuries often require medical treatment, which of course costs money, and injuries also often impact an employee’s ability to work and earn wages.
The different types of workers' compensation benefits are:
- Income benefits.
- Temporary income benefits.
- Impairment income benefits.
- Supplemental income benefits.
- Lifetime income benefits.
- Medical benefits.
- Burial benefits.
- Death benefits.
Non-subscriber Claims: Overview
In Texas, unlike in other states, workers’ compensation insurance is optional. Employers who choose not to have workers’ compensation insurance are known as “non-subscribers,” meaning they have not subscribed to the state workers’ compensation system.
In theory, for workplace injuries involving these employers, they can be sued in a Texas state court. But in reality, most of the non-subscriber employers in Texas have their employees sign an arbitration agreement upon being hired, which requires injury claims to go through arbitration. To make matters even more confusing, these employers also often have some type of other insurance policy—not workers’ compensation but similar—which they informally call a “comp policy.”
These cases are unique to Texas. But they are also quite common, as some of the largest employers in the state are non-subscribers.
Non-subscriber Claims: Knowing the Difference
Often times, employees do not know if their employer has workers’ compensation insurance. In other words, the injured employee may not know if they are going through the state system or through arbitration.
Employers are required to post certain notices, and the Texas Department of Insurance also has an online search tool to determine if an employer has workers’ compensation insurance or if it is a non-subscriber.
If injured at work, it is a good idea to immediately report the injury to a supervisor or human resources. They can usually point an injured employee in the right direction to help determine if the employer is a non-subscriber.
If the injured employee has access to their new hire documents, reviewing those can also be helpful. Many arbitration agreements are contained in the new hire forms that the employee signs on their first day.
Experienced Workplace Injury Lawyers
At Cronauer Law, we are an experienced personal injury and civil rights law firm. Our team of dedicated legal professionals is committed to helping our clients receive the compensation they deserve.
Free Consultation & No Win, No Fee
We offer a free consultation to discuss your case and determine the best course of action. We also operate on a contingency fee basis, which means you don't pay us anything unless we win your case. You have nothing to lose by contacting us.
Contact Us
If you have been injured and need an experienced personal injury law firm, don't hesitate to contact us at our Texas office near Austin. We are available 24/7 to help you with your case.