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Workers Compensation Texas

Se habla espanol Hello my name is Joan Durkin, an attorney with Durkin Law Offices in Hurst, Texas. I'm here to speak to you today about Texas workers compensation. The first thing an injured worker needs to know is that if you're injured at work in Texas, you may not have any coverage at all. Texas is one of the few states where an employer has the option of whether of not to carry workers compensation insurance. They may have workers compensation insurance which is governed by state law. They may have a type of plan that's governed by federal law which is Erisa. They may have some sort of private self insured plan, or they may have nothing at all and you may just have to sue them. So the first question that we would ask if you contacted us is "who do you work for" so that we could go to the Division of workers compensation insurance website and look up to see if they have workers compensation insurance. If they do then we can assist you in locating a doctor that accepts workers compensation who can treat your injury and we'll help you fill out the paperwork necessary to get your benefits started. You have to notify your employer and the division of workers compensation that you have been hurt at work so you can start getting medical benefits and income benefits. Under workers compensation, it doesn't matter whether your employer did anything wrong that resulted in you getting hurt; that theory involves negligence that they caused your injury. If they have workers comp all that matters is that you were at work and you got hurt. It's called strict liability and therefore we don't need you to prove that your employer did anything wrong. But you do need to timely report the injury in order for your benefits to get started. Your weekly income benefit checks when you're off work do to an on the job injury under workers compensation is 70 percent of the wages you were making before you got hurt. However, its tax free so for most people it works out to be pretty close to what they were making before they got hurt. In addition to weekly income benefit checks, you are entitled to medical benefits for your injury. And finding a doctor who is interested in the injured worker as opposed to interested in making the insurance company happy is very important. For more information, go to our website at www.durkinlegal.com or give us a call at 817-545-9700.