What Happens to a Work Injury Lawsuit if You Claim Compensation?

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Texas employers can choose to opt into workers' compensation or to opt out. If your employer has opted in and you get hurt on the job, you cannot sue the employer for a workplace injury. If your employer has opted out and you get hurt, you can file a personal injury claim or family members of a worker who was killed can file a wrongful death claim.  You cannot both file a workers' compensation claim and a work injury lawsuit against your employer because when an employer participates in workers … [Read more...]

What if a Child With No Dependents Was Killed at Work?

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The Texas workers' compensation system is intended to protect employees from experiencing financial loss. When an employee has been killed at work, death benefits are payable to spouses, minor children and other dependents.  These benefits are intended to ensure that the death of a worker does not cause financial problems for family members who may have needed the worker's income.   If a child with no dependents was killed at work, this does not mean that no benefits will be paid for his death. … [Read more...]

How Can You Get Workers’ Compensation Benefits if a Family Member Died Due to Work Injuries?

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Workers’ compensation coverage is designed to prevent injured workers from suffering financial losses due to on-the-job injuries. When a work injury happens, the injured worker can make a benefits claim. In some tragic cases, however, the workplace illness or injury results in the death of the employee. When this happens, it may be possible for surviving family members and dependents to receive burial and death benefits from the employer’s workers’ compensation insurer.   To get workers … [Read more...]

Workers’ Compensation Coverage for Prescription Drugs and Medications

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Texas employers may opt into the workers’ compensation system by purchasing insurance for employees. If you are covered by workers’ compensation, then you are entitled to have your medical costs paid for all work injuries. You are also entitled to coverage for all illnesses that occurred because of your job duties.  As long as you report your injuries or illness within 30 days, you should get full coverage and not have to pay for your medical treatment.   Workers' Compensation coverage for … [Read more...]

Workers Comp Insurer Wins $6.5 Million, Injured Workers Win $0

Nova Medical Centers (also known as Nova) agreed to a felony plea of workers' compensation fraud after it was discovered that the medical provider routinely billed for services it did not perform on behalf of injured workers' compensation patients. While Texas Mutual Insurance Company is certainly entitled to reimbursement for the overbilling practices, there is no plan to compensate injured Texas workers who were prescribed certain medical services which were never given, but for which payment … [Read more...]

Can You Get Medical Care After An Accidental Injury Even if No Weekly Cash Benefits are Claimed?

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Texas workers' compensation provides different types of benefits for injured workers who get hurt on-the-job. If a worker is not able to continue working or is on restricted duty due to his injuries, the employee can receive disability benefits. If the worker has suffered an injury or developed an illness that necessitates medical attention, the worker can also get medical care covered by workers' compensation.  Not every work injury makes it impossible to work. In some cases, you may be hurt … [Read more...]

How is the Cash Benefit for Temporary Total Disability Determined?

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If your workplace illness or injury causes you to be unable to work, you can receive temporary income benefits (TIBS). Temporary income benefits will continue until you have reached maximum medical improvement. Once you have reached maximum medical improvement, then you will switch to receiving impairment income benefits if you are still too injured to return to your job.  Both TIBS and impairment income benefits can be available for total disability, or if you have a partial disability that … [Read more...]

What if I Don’t Claim Compensation After a Work Injury?

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In Texas, employers may opt into workers' compensation or opt out of workers' compensation. Workers need to know which of these options your employer has chosen in order to understand how to protect your financial interests in the event that you get hurt on the job.   If you are hurt and don't claim compensation after a work injury, you could end up being precluded from receiving any money or benefits. The American Society of Safety Engineers has indicated that employee injuries have a cost of … [Read more...]

Texas Lawmakers Consider Statewide Ban on Texting While Driving

 Texas lawmakers have met with members of families who have lost loved ones accidents involving texting while driving. Since the legislature is currently in session, this is definitely the time for citizens with such concerns to meet with their state representatives. Those who support the idea say that the ban would help prevent accidents and save lives. A statewide ban would also help eliminate the responsibility of cities of enacting local ordinances to protect their own citizens. Proponents … [Read more...]

Do I Have to Claim Workers’ Compensation?

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After being hurt on-the-job or made sick because of your work, you need to understand your legal rights. If your employer has purchased workers' compensation insurance, you may have just one option to recover any compensation or benefits from your employer for work injury losses: workers' compensation.   If your employer has workers' compensation coverage, you have to claim workers' compensation benefits to get your medical bills paid and to recover disability income.  An experienced Houston … [Read more...]