Fighting For Your Rights Since 1992.

JOB INJURY

If you were injured at work or become ill as a result of your job, you may be entitled to receive benefits through the Texas Department of Insurance / Workers’ Compensation Division. Texas does not require employers to have workers’ compensation insurance through the State of Texas. Employers can choose between private insurance and insurance through the State. If an employer chooses private insurance, they are obligated to inform all employees of their choice. If you were injured while on the job our Firm can determine what type of coverage your employer elected. 

NEED TO REPORT INJURY

Employees under state workers’ compensation coverage are required to report their injury no later than 30 days after their injury occurs. Failure to do so may result in denial of coverage. It is best to notify the employer as soon as the injury happens. Your employer is required to notify the state through their “Employer’s Notice of Injury Form” in the comp system. Employee’s must file their own “Notice of Injury” form through the Texas Workers’ Compensation Commission within (1) one year after the date of injury. Insurance Carriers are notorious for denying workers’ compensation claims in the hope employees do not hire an experience law firm such as ours. Our firm is willing and ready to fight, help you prepare and file all appropriate documents. Failure to file all your state documents within the timeframe required may result in loss of income benefits and medical benefits. Do not delay call our firm today to discuss your rights. 713-228-2343

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INJURED ON THE JOB

If you are injured on the job, you can seek medical attention and reimbursement for time lost due missed work related to the injury through the workers' compensation insurance. Most employers have workers' compensation coverage that is state run. Which means any dispute relating to the claim is filed with the workers; compensation commission of the state. This includes compensability (whether the injury occurred on the job), extent of the injury (all related body parts) or amount of compensation for time loss. 

In Texas, employers are not required to provide state run workers' compensation coverage. These employers have elected to offer coverage for their employees through "look alike" policies. Any claims related to these policies are not filed with the state commission office. If an employer elects to provide this type of coverage than could be setting themselves up for lawsuits by their own employees. Under this system you can file a claim directly against your employer seeking 100% of your medical and income loss. The burden of proof is on the employee to show the employer was negligent in some fashion that caused the injury on the job. 

At the Spradlin Law Firm we have handled both types of cases and are here to help. If you have been injured on the job and are not sure what kind of coverage your employer elected, we can help. Call us today anytime: 713-228-2343. 

 

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