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After A Workplace Accident
AFTER A WORKPLACE ACCIDENT
The days after a workplace accident are often fraught with doctor’s visits, medical care, and anything else that might come up related to the accident. Many workers do not immediately consider the financial aspect of their injuries as related to their employer covering any expenses. However, in Texas, employers are often financially responsible for covering the cost of a worker’s injuries when the accident occurred at the workplace. This not only includes the direct expenses of medical care, but also all related expenses, such as lost wages and future earnings. The longer you delay in making a workers” compensation claim, the greater the possibility that you may miss the window to file a claim. Therefore, it is important to speak with an experienced attorney as soon as possible.
TEXAS WORKERS’ COMPENSATION CLAIMS
Texas law requires most employers to offer workers’ compensation protection to workers in order to cover injuries they receive while on the job, regardless of who was at fault. However, there are several exceptions, including:
- Individuals who were intoxicated at the time of the accident;
- Individuals who injured themselves while attempted to injure someone else;
- Individuals who were injured by another person due to personal reasons;
- Individuals injured by an “Act of God”
- Individuals injured during horseplay; or
- Individuals injured while participating in a voluntary off-duty activity.
However, any other injuries will fall within the Texas Workers’ Compensation claims. Once you receive an injury at work, you have the right to seek medical care at any time after the accident. You do not have to rush to the hospital or emergency room to seek care for an injury. The only thing that the state and employer will look at is whether medical care was necessary and related to the workplace injury.
WHAT TO DO AFTER A WORKPLACE ACCIDENT
It is important that you carefully document every part of the accident which led to your workplace injury. You must tell your employer within 30 days of the date of your injury or from the date you first knew of your injury or illness as work-related. You then have one year to send a form to the state Division of Workers’ Compensation. Failure to submit this form could result in loss of your ability to receive benefits.
It is important to carefully examine your Workers’ Compensation Health Care Network rules to determine what medical professionals fall within your employer’s network. However, in certain circumstances you may protest the number of medical professionals listed. An experienced workers’ compensation attorney will be able to better advise you regarding your medical rights and the amount of benefits you may be eligible to receive.
MALLEY LAW FIRM | HOUSTON WORKERS’ COMPENSATION ATTORNEY
If you or a loved one have been injured in a workplace accident, do not hesitate to contact Tony Malley from the Malley Law Firm. Tony Malley has years of experience in handling workplace injury claims and can assist you in walking through the process to file a claim in Texas. Contact our Houston or Beaumont offices today for your initial free consultation.