You dedicate a majority of your week to your job to provide for yourself and even a family. When you find yourself injured or incapable of performing your duties, it can put your income at risk if your employer refuses to give you the proper compensation. Our Houston employment law team outlines what you should do after you have been injured below.
Gaining Worker’s Compensation
Unlike several other states, Texas does not require an employer to have worker’s compensation coverage, and employers are given the opportunity to decide whether they will take part in the Texas worker’s compensation system. The first step if you have been injured is to find out whether your employer has insurance, which is information they are legally required to give you.
If your employer does have insurance, the next step is to report your injury to your employer. This notice must be given within 30 days of your injury, otherwise, you may forfeit the right to your benefits. Your employer will then inform you where you should seek medical care, which will typically be found within their insurance network.
Then you begin formulating your official claim. You must file an Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease (DWC Form-041) with the DWC in person, by mail, or through the DWC’s online filing system. Your claim must also be submitted within one year of when your injury occurred. Once the DWC has received your claim, they will then notify your employer, and their insurance company will decide to either accept or deny your claim.
If You Are Injured Outside of Work
Sometimes, accidents happen outside of work, but still on company property, and you are still entitled to compensation for certain injuries. Some of these injuries include:
- Getting injured by a defective piece of equipment at your worksite
- Falling ill from a poorly labeled or expired meal sold at your job
- Getting in an auto accident with a negligent driver on your way to work
- Having a slip and fall accident due to poor property design
Get in Touch With Kennard Law, P.C. Today
We understand the stress that can come from being unable to work. You can find yourself in a tough financial situation without the ability to provide for yourself and your family. Through compassionate and personalized services, we can help you through the worker’s compensation process as efficiently and cost-effectively as possible.
If you would like to find out how we can help you gain rightful compensation, contact us today through our website or give us a call at (855) 499-4514 to schedule your consultation today.