Texas Workers’ Compensation Injuries
If you are injured at work in the state of Texas, how will you be taken care of? Your employer may carry workers’ compensation insurance, or they may be a non-subscriber to the workers’ compensation system. Deciding how the claim will be handled is like a course in journalism. You need to ask: who; what; when; where, why and how the injury occurred.
Who: For a person to be covered under the employer’s workers’ compensation policy, the person must be an employee, an independent contractor that is under the control of the employer, a borrowed servant or a have a relationship on the insurance that would include the injured worker.
What: What happened to the worker to cause the injury? Injury means damage or harm to the physical structure of the body, or a disease or infection naturally resulting from the damage or harm. Pain in itself is not considered an injury. There must be some form of diagnosis indicating an injury. Some injuries are clear at the time of the accident (i.e. broken arm, hurt back or head injury). However, other forms of injury (i.e. RSD, a herniated disc, psychological conditions or neuropathy), may not become manifest for years after the injury.
When: Compensable injury means an injury that arises out of and in the course and scope of employment. To be considered in the course and scope of employment, an injured worker must show that the accident occurred while performing activities furthering the business of the employer. The activities can include such things as a company picnic, injuries while at break or injuries entering or leaving the employer’s property.
Where: An injured worker will have their injuries covered even if not on the clock when you are in an area controlled by your employer.
Why: The Texas Workers’ Compensation system does not look at fault or negligence. As long as the injury did not occur as a result of the workers’ willful attempt to injury themselves or another, while in a state of intoxication or while the worker was involved in horseplay.
How: There are specific event injuries, occupational diseases and repetitive motion injuries. Work related injuries can include aggravations of a pre-existing condition. Additionally, the employment need not be the sole cause of the injury. You must establish that the employment is a producing cause of the injury.
Work related in Texas can be very difficult to understand. There are subscriber and non-subscriber employers. There are networks that may require that an injured worker treat with certain doctors. Make sure you consult with a professional who understands Texas work injuries and you feel has your best interest at heart and not your employer or the insurance company.
