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Workers' Comp: 5 Common Questions Answered

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If you are an employee who has been injured at the workplace, you may be entitled to workers’ compensation benefits. In Texas, not all employers are required to offer workers’ compensation but can offer an alternative form of coverage for work-related injuries and illnesses if they become certified by TDI to self-insure. Workers’ compensation is a program regulated by the state of Texas – employees covered by workers’ compensation insurance receive benefits through their employer’s insurance.

1. What the first thing I should do if I’ve been injured on the job?

Don’t risk losing your benefits – tell your employer about your injury within 30 days. If you wait longer than this, then you may not be covered by workers’ compensation insurance. If your workers’ comp claim involves an illness rather than an injury, tell your employer within 30 days you discovered you had the illness.

In addition to informing your employer, you must also fill out and send in DWC Form-041 “Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease.”

2. My employer fired me after my work injury. What can I do?

An on-the-job injury alone is not a lawful ground for terminating someone’s employment. If you were fired because you filed a workers’ compensation claim, you can file a discrimination or wrongful termination claim. You may also be able to file this type of claim if your employer has altered your job duties or begun to treat you differently after your work injury/illness.

3. Do I have to go to a particular doctor for a work-related injury?

Provided that your employer provides workers’ compensation insurance and is part of a certified work comp healthcare network, then yes, you will have to choose your doctor in your employer’s network. If you see another doctor regularly, check with them first to see if they treat patients receiving workers’ compensation. You can also ask your employer for a list of approved doctors.

4. Does workers’ compensation cover lost wages?

If you have to take time off of work to recover from your on-the-job injury or illness, then workers’ compensation benefits may include Temporary Income Benefits (TIB). This does not apply in all situations. To learn if you are eligible, contact The Daspit Law Firm directly.

5. Workers’ comp keeps denying my claim. Is there anything I can do?

Your employer’s workers’ compensation insurance provider must give a reason for denying your claim. If you have received a claim denial or multiple claim denials and you do not agree with their reasoning, you can file an appeal with the Texas Division of Workers’ Compensation. An attorney at Daspit Law Firm can help you file this appeal to get the coverage you deserve.

For a FREE case evaluation after a work injury, contact The Daspit Law Firm at (713) 364-0915.

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