Best Workers’ Compensation Lawyers in Houston, Texas of 2024 – Forbes Advisor

Texas has a unique compensation system for injured workers. It is the only state that allows any private sector employer to refuse to offer workers’ compensation coverage. Employers who opt out are called “non-subscribers.” In comparison, other states require employers to provide workers’ compensation to their employees in most cases.

Because of these unique rules, it can be confusing to handle workplace injury claims in Texas. Whether you need to work with a workers’ compensation attorney or a non-subscriber workers’ compensation attorney will depend on the type of coverage your employer offers.

Who is protected by workers’ compensation laws in Houston, Texas?

Workers’ compensation laws apply only to employees whose employers have opted into state workers’ compensation coverage. Employers who register are called “subscribing” employers. In 2022, 83% of private employers in Texas had workers’ compensation coverage. This is the highest rate in the previous 12 years.

If your employer is a subscribing employer, then they are required to inform you of the coverage. The notice must be posted conspicuously in the employer’s office, often in a break room.

Nonsubscriber employers, those who have chosen not to provide workers’ compensation insurance, are responsible for directly reimbursing injured workers. It is common for non-subscriber employers to offer an alternative benefits plan. The amount covered by the alternative plan depends on the employer’s choice.

If your employer does not subscribe, it must post a notice to this effect and provide details in writing of any alternative cover.

Worker Rights Under Houston, Texas Worker Protection Laws

Workers employed by a subscribing employer are entitled to reimbursement of medical expenses after suffering a work accident. Lost wages may also be awarded for time you were unable to work if your injury caused you to miss seven or more days of work.

Workers’ Compensation Filing Process in Houston, TX

Employees of subscribing employers must still meet the following reporting deadlines before they can apply for benefits:

• Within 30 days. File an injury report with your employer. The 30-day period begins either from the date of the injury or from the time you discovered your injury was work-related.
• During this year. File a formal claim for compensation with the Texas Division of Workers’ Compensation.

Free general assistance with initial filing of the claim is available from the Texas Office of Injured Employee Counsel (OIEC). Support is available at local offices and by telephone.

Recovering Workers from Workplace Injuries Beyond Workers’ Compensation in Houston, Texas

In most cases, you will not be able to sue your employer for work-related injuries or illnesses if they are a subscribing employer. Keep in mind that third party lawsuits are allowed when that third party is responsible for your injuries. A third-party lawsuit does not limit your ability to seek workers’ compensation benefits.

If your employer doesn’t offer workers’ compensation coverage, you may be able to file a non-enrollment lawsuit. The statute of limitations for non-status work injury cases in Texas is two years from the date of the accident or the date you became aware of it.

When employers offer alternative benefit plans in lieu of workers’ compensation coverage, they may have different filing deadlines and reporting requirements. You should have been informed of the plan’s rules when you were hired.