Workers’ Compensation Texas: How to Navigate the Process

Workers’ Compensation Texas: How to Navigate the Process

Dec 15, 2023 | Workers' Comp, Workplace Injury

There are more than 21,000 nonfatal workplace injuries in the United States every year. This results in billions of dollars in rehabilitation and medical bills. It also leads to incalculable costs in loss of earning potential, and quality of life. 

The good news is that injured workers have recourse. However, the claims process can be complex and ultimately unsuccessful if any missteps are made. 

The information below explains how to navigate workers’ compensation Texas laws. It gives you some basic info on the process, including what kind of timeline you can expect for your claim. Keep reading to learn more. 

What Is Workers’ Compensation?

Workers’ compensation is a business insurance policy that provides monetary benefits or medical care for people who get injured on the job site. It also includes coverage for anyone who becomes ill as a result of workplace conditions. 

“Workers’ comp” also refers to laws that govern these situations. While there are federal statutes to lay out general requirements, details can vary by location.

The Texas Workers’ Compensation Act determines who is eligible to file a claim. It also specifies the statute of limitations for doing so, as well as eligible beneficiaries.  

What Does the Texas Workers’ Compensation Process Entail?

The workers’ compensation Texas process entails a few basic steps. The first two are that an employee becomes injured on a job site and reports the injury to their employer. 

The employer then must submit the requisite documentation to insurance. If your suit involves alleging that the employer failed to do this, then proof of you informing them of the injury will become paramount. 

If the injury results in loss of income, temporary income benefits (TIBS) will begin after eight days. This is between 70 and 75 percent of the difference between what you were earning before the incident and what you earn now (if anything). 

TIBS ends once you return to work or you can otherwise earn what you did before the injury. They also end if your healthcare provider determines that no further recovery from the injury is possible. This is called “maximum medical improvement.”

When Are Hearings Necessary?

If there is a denial of a workers’ comp claim, then you will need to bring a lawsuit to gain the restitution you are owed. This involves filing a claim in the appropriate jurisdiction, most likely where the injury occurred. 

The next step involves depositions, or out-of-court sworn testimony. This pertains to everything from the nature of the injury to needed medical treatment and rehabilitation.

The final phase will involve a workers’ compensation hearing or a jury trial. The first is less formal and entails presenting your case to the office of the Texas Department of Insurance.  

Learn More About Workers’ Compensation in Texas  

Now that you understand how to navigate workers’ compensation Texas laws, you can start the process. An experienced attorney can further advise you on the right steps to take so that you can get the most out of your claim. 

Barnes Law Firm is dedicated to protecting the rights of employees working in or outside the United States. In addition to workers’ compensation cases, we specialize in those involving personal injury, maritime, admiralty, and the Defense Base Act. Reach out to us today for a free consultation to discuss your case.