ON-THE-JOB INJURIES

Rights of employees injured on the job depend on whether the employer carries workers compensation insurance. You can find out by calling the Texas Department of Insurance Division of Workers’ Compensation in Austin at 1-800-252-7031 . An employer that is a subscriber (carries true workers compensation insurance) is immune from liability to employees for on the job injuries (except in cases involving fatal injuries caused by malice or gross negligence). Instead, you are entitled to limited weekly compensation payments and lifetime medical care for the injury. There is no recovery for pain and suffering or other personal injury damages. If the employee is killed the weekly checks go to the minor children and surviving spouse. If the spouse remarries benefits continue for two years, then stop. Your benefits are the same regardless of who was at fault (unless the employee was intoxicated). The injury must have occurred in the course of employment, which does not include travel to and from work. Medical treatment is limited to physicians approved by TWCC. More information and a list of approved doctors can be obtained at http://www.tdi.state.tx.us/wc/indexwc.html. Your employer must have notice of the in injury within thirty days. You must file a written claim with TWCC within one year. Since passage of the new law in 1990 the system has been designed for the employee to represent himself or herself without a lawyer. You will have difficulty finding a lawyer. There are a few attorneys who specialize in high volume representation of claimants for the low fees permitted by the 1990 law. If you believe you are not treated fairly by the insurance company you can contact TWCC and request a benefit review conference, then a contested case hearing, then a limited court appeal. In Texas the system does not work very well for employees whose claims or injuries are disputed.

If your employer is a nonsubscriber (does not carry true workers compensation insurance) you may bring suit directly against the employer. You must prove that the injury was caused by the negligence of the employer or its employees. Your damages are not limited to weekly benefits and medical costs and are not reduced by any negligence on your own part. If your injuries are major you should seek legal advice early. Do not sign anything agreeing to give up your right to sue in exchange for payment of other benefits. Claims against smaller employers are sometimes uncollectible if the company is uninsured and insolvent.

Regardless of whether your own employer does or does not carry workers compensation insurance, you may bring suit against a different company or individual whose negligence caused your injury. Typical examples would include a construction site injury to an employee of one subcontractor caused by an employee of a different subcontractor, an injury to an employee driver caused by negligence of another motorist, or an on the job injury caused by a defective product.