What Is the Contributing Injury Defense in a Texas Workers’ Comp Claim?
Texas Workers' Compensation Defense: Contributing Injury Under Texas law, there are 8 defenses that employers can use to deny injured workers their workers' comp benefits. While workers' comp is a system that is theoretically supposed to cover a worker's injuries irrespective of fault, the following defenses highlight exceptions to this general rule: Act of GodEmployee...
How Does the Injury Caused by Recreational Activity Defense Work in a Workers’ Comp Case?
Texas Workers' Comp Defense: Recreational Activity Defense When Texas established its workers' comp system, it was based on the idea that injured workers traded their right to sue their employer for injury-related negligence, in exchange for a set of guaranteed, no-fault benefits. These benefits are workers' compensation benefits, issued by their employer's insurance carrier, if...
Coworker Intentionally Hurt Employee What Is the Coworker Intentionally Hurt Employee Defense in a Texas Workers’ Comp Claim?
Texas Workers' Compensation Defense: Intentional Harm Inflicted by Another Employee Defense The whole idea behind Texas' workers' compensation system is that employers can either opt out of or opt in to it. If an employer opts out of workers' comp coverage, their injured workers can sue them. However, when a Texas-based company opts in to...
Does Workers’ Comp Still Provide Benefits if an Employee Was On Drugs or Alcohol?
Texas Workers' Compensation Defense: Employee Was Injured While Intoxicated The Texas Workers' Compensation system was created to allow employees, who work for businesses that subscribe to workers' compensation coverage, to receive automatic benefits that act as compensation for people who are injured while working. Before workers' compensation came into existence, work injury cases were treated...
Can Insurers Deny Workers’ Comp Benefits by Alleging an Injury Was Deliberately Self-Inflicted?
Texas Workers' Compensation Defense: Injury Was Self-Inflicted With Texas workers' compensation coverage, one of the main goals is to have a somewhat simple process for employees to receive automatic compensation for work related injuries. The past system in Texas required employees to go through a lengthy lawsuit in order to receive any benefits or compensation...
Is an Injury Caused by Horseplay Covered by Workers’ Comp?
Texas Workers' Compensation Defense - Worker Was Injured While Horseplaying The whole idea behind the Texas' workers' compensation system is that any employee who works for a company that subscribes to workers' comp coverage is eligible to receive automatic compensation in the form of benefits, should they become hurt on the job. In the early...
How Does the Act of God Defense Work In Texas Workers’ Comp Cases?
Texas Workers' Compensation Defense: Act of God. The Texas Workers' Compensation Act of 1993 created 8 defenses that employers can argue in an attempt to avoid paying workers' comp benefits. If successfully applied by the employer, these defenses have the affect of completely destroying the injured worker's ability to be compensated. In this article we'll...
Should I Accept Getting Paid “Under the Table” for a Work Injury in Texas?
Why you shouldn't let your employer offer you an "under the table" settlement on your work injury: If your employer wants to pay you "under the table" for a work injury, you should be highly concerned. A common question that arises following a work accident is whether or not you should file a worker's compensation...
Am I Still Eligible for Workers’ Comp if I Was Injured in Another State?
How Texas Workers Compensation claims are handled when you're hurt out-of-state. People are frequently injured in workplace accidents in Texas, however many people do not know what procedural steps they need to take in order to preserve their right to receive compensation for their injuries. If you are a Texas resident and your employer subscribes...
How Do I File A Workers’ Compensation Claim in Texas?
How to File a Texas Workers' Compensation Claim: When workers are injured on the job and the employer has workers' compensation coverage, there is an assumption that benefits begin automatically. However, that's not the case. Generally speaking, an injured employee has to file a workers' compensation claim before any benefit payments can even be considered....
What Burial Benefits Does Texas Workers’ Compensation Law Provide?
If you've lost a loved one while they were on the job and their employer subscribes to workers' comp coverage, Texas law provides a type of benefit called Burial Benefits. Regardless of how the accident occurred, if the employee was working at the time of the accident, these benefits are available to reimburse the individual...
What Rights Do Parents Have in the Workers’ Compensation System?
If your child was killed on the job, you have the right to Texas workers' comp Death Benefits. If your child has died due to a work-related injury and their employer was a subscriber to a workers' compensation plan, Texas law allows you the to obtain workers' compensation Death Benefits. However, there is a catch....
What Is the 401-Week Workers’ Comp Benefits Limit?
Worker's compensation Income Benefits are capped at 401 weeks. Many people are familiar with worker's compensation on a surface level, but many do not truly understand how certain parts of worker's compensation laws are unfairly stacked against the injured employee. In this article, our attorneys will explain how there is a 401-week cap on workers'...
How Do Lifetime Workers’ Comp Income Benefits Work?
How Lifetime Income Benefits Work Under Texas Workers' Comp Law Although most workers' compensation benefits are only paid for a fixed period, there are some that can be paid throughout an injured employee's life. One such type of benefits is called Lifetime Income Benefits. These benefits are only awarded when the employee suffers a horrific...
How Supplemental Income Benefits Work
How Texas workers' compensation Supplemental Income Benefits work. Under Texas Workers' Compensation law, there are several types of Income Benefits that can be awarded to an employee who was injured in a workplace accident. In the beginning, an injured employee will receive Temporary Income Benefits for a specified period of time. Unfortunately, some accidents may...
What Is the State Average Weekly Wage in Texas?
What is the State Average Weekly Wage and how does it work? Under Texas law, injured workers receive several types of benefits. Arguably the most important type of benefits an injured worker receives are called "Income Benefits." The whole idea behind Income Benefits is that they are designed to cover an injured worker's lost wages....
What Is Maximum Medical Improvement?
How Maximum Medical Improvement (MMI) Works in a Texas Workers' Compensation Case Let's cut to the chase, Maximum Medical Improvement (MMI) is the destination or goal of a Texas Workers' Comp case. You start off with an injury, the Workers' Compensation system provides you with medical attention, and once you've become as well as can...
What Is the Average Weekly Wage for Texas Workers’ Comp Benefits Calculations?
What is the Average Weekly Wage? If you're injured at work and your employer has workers' compensation coverage, you become eligible to receive benefits. Of course, these benefits are subject to conditions and statute, but know that they exist to help you after the accident. The most important category of benefits is called Income Benefits....
What Is Average Weekly Wage For Part-Time Employment in Texas Workers’ Comp Cases?
How the Part-time Average Weekly Wage Works: As we've explained on other pages on this site, an injured worker's Income Benefits are dependent on what their average weekly wage is. However, it works a little differently for a part-time worker. The formulas and calculations are similar, but obviously, the income will be possibly less or...
How Does Workers’ Comp Prescription Drug Coverage Work?
An employee's right to prescription drugs under workers' compensation: Prescription drugs are a crucial part of your recovery process after a work-related injury, but workers' compensation insurance carriers will sometimes refuse to pay for the drugs, though you are entitled to them. A common problem that our clients encounter when attempting to seek medical treatment...