Texas Injured Worker Attorneys

Whether you work at the Dow Chemical Company, Brazosport Regional Health System, Schintech, Solvay, Vencorex, Texas Department of Criminal Justice, Phillips 66, BASF Corporation, Excel, Kroger, HEB, Whataburger, or any other business in Texas you are at risk of a work injury. Work injuries can happen in any industry while working any type of job. 

Workers' compensation, also known as workers' comp, was created to help injured workers get back on their feet, both literally and figuratively. Sadly, and far too often, injured employees don't receive the benefits they deserve for their work-related injuries and illnesses. Others unfairly face retaliatory actions. Experienced workers' comp attorneys are available to help if this sounds familiar to you or someone you love.

What Is Workers' Compensation?

Workers' compensation is a state-regulated insurance program. It provides income and medical benefits to workers for their work-related injury or illness, no matter who is at fault for their condition. Coverage includes:

• Injuries arising from on the job accidents, such as breathing in spilled chemicals or amputating a finger on work equipment

• Occupational illnesses, such as a chronic lung condition resulting from breathing in hazardous chemicals on the job

• Trauma injuries related to repetitive tasks or awkward positions while working, such as a back injury caused by lifting of heavy objects or carpal tunnel syndrome from typing

• Death and burial benefits to the families of workers killed on the job

Workers' compensation only covers injuries suffered in the scope of employment. However, this does include travel for work-related business. If you were driving to deliver something to a client or were at a meeting in another building when you were injured, your injuries should be covered. The following aren't covered under the workers' comp insurance program:

• Self-inflicted injuries

• Injuries stemming from worker intoxication

• Injuries caused by unsafe practices or worker horseplay

It should be noted that workers are also expected to use safety gear provided by the employer.

File a Workers' Compensation Claim

If you've been injured on the job and your employer has workers' comp insurance coverage, you can file a claim by following these steps:

• Report your work-related injury or illness to your employer within 30 days from the date of the injury or the date you learned your condition was job-related. If you don't report your injury or illness within this specific timeframe, you could lose your rights to benefits.

• Send your completed claim form (DWC Form-041) to the Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC) within one year of the date of injury or date you learned of work-related illness.

Can You Be Fired for Filing a Workers' Comp Claim?

Unfortunately, the relationship between an employer and an injured employee may end following a workplace injury or illness.  There are only a few reasons why an employer isn't permitted to terminate an employee after a work-related injury or illness. Most of these reasons are related to federal protections under Title 7 of the Civil Rights Act, including race, color, religion, sex, or national origin. 

Under the Americans with Disabilities Act of 1990, some larger employers must hold your job for you for a certain amount of time if you are injured or become ill. Texas law bars an employer from retaliating in any way against an employee for pursuing their rights, including seeking legal help or filing a workers' comp claim.

Employers are typically prohibited from retaliating against an employee who has:

• Made a good faith claim for worker comp

• Met with or hired a workers' comp lawyer to represent their claim

• Filed a workers' comp claim against the employer's insurer

• Testified or plans to testify in an administrative proceeding concerning a claim for workers' comp

Nothing else in Texas law prohibits an employer from firing an employee after a workplace injury or illness. As long as your termination isn't based on retaliation for consulting an attorney, getting medical treatment, or filing for benefits as provided by law, they are within their rights. Otherwise, an employer maintains absolute freedom to terminate you for other, non-retaliatory reasons.

Texas courts have held that it's within an employer's rights to let an employee go if they aren't physically capable of performing the necessary job duties of the position for which they were hired. As such, many employers often fire injured employees to find healthy replacements that aren't limited by any health concerns. Suppose you feel you were wrongly terminated after filing a workers' comp claim. In that case, a skilled Brazoria County workers' comp attorney can help.

Are All Employers Required to Have Workers' Compensation Coverage?

No, Texas doesn't require employers to carry workers' compensation coverage. As it is an added expense for them to pay the premiums, many employers elect not to provide it to their employees. However, they leave themselves open to liability lawsuits. If you are injured on the job or suffer a work-related illness and your employer doesn't have workers' comp coverage, you can pursue a legal claim against them, demanding that they pay you for your injuries. 

Whether your employer has workers comp coverage or not, you deserve compensation for medical treatment, lost wages, and other damages. Suppose you've been injured at work or diagnosed with an illness that could be work-related. In that case, it's best to contact Brazoria County workers' comp lawyer as soon as possible. They can help you determine if your employer has coverage and what your next steps should be if they do not.

Many Texas companies do not have workers compensation or have a policy which is not considered under the Laws of the State of Texas to be workers comp insurance. Therefore, your rights and remedies depend on if the employer is a workers comp subscriber. Our law firm can determine whether your employer is a subscriber of workers compensation. Some of these employers are:

Walmart

Amazon

HEB

Target

Best Buy

Home Depot

Stripes

Tom Thumb

Pep Boys

Costco

Wendy's

McDonald's (some locations)

Oak Farms Dairy

American Bottling Company (Coca Cola, Dr. Pepper, Keurig)

Brookdale Senior Living

Lowe's Home Improvement

Kroger

Sam's

Whataburger

Kohl's

Hobby Lobby

Ross Dress for Less

Randalls or Albertsons

Brookshire Brothers

Macy's

AutoZone

O'Reilly Auto Parts

Family Dollar and Dollar Tree

Dollar General

Academy Sports + Outdoors

Meet with a Texas Workers' Comp Attorney

If you have questions or concerns about where to go after being injured, look no further than TX Injury Group. Our experienced attorneys can look at your claim to determine whether your claim is a workers comp claim or another type of claim. They will leverage their knowledge to your advantage.

Suffering a job-related injury or illness is hard enough. If you have problems getting the compensation you deserve or your employer takes retaliatory actions, we are here for you. Give us a call today at 281-815-0387 to schedule your consultation with an experienced workers' comp lawyer.