Accidents occur at the workplace on almost a daily basis throughout the country. The United States Department of Labor has implemented workplace laws to try to make the workplace safer for all employees. However, accidents will still occur regardless of how safe employers may make their workplaces. Therefore, Texas has implemented a workers’ compensation program to assist employees with the expenses related to their injuries. If you have been injured in a workplace accident, you have certain responsibilities after the accident occurs to accurately file your workers’ compensation claim and receive the corresponding benefits.
Texas Workers’ Compensation Claims
In Texas, the Division of Workers’ Compensation administers the benefits employees are entitled to receive after a workplace accident. These benefits include:
- Income benefits (to cover lost wages after receiving an injury that keeps the employee away from work);
- Medical benefits (to pay for medical care as the result of the injuries);
- Burial benefits (to cover a portion of funeral expenses for an employee who was killed in a workplace accident); or
- Death benefits (to pay a portion of lost wages to the family of an employee killed in a workplace accident)
These benefits are not automatically paid out to employees who suffer a workplace accident but instead must be requested from the Workers’ Compensation department through a claim. It is your responsibility as an injured employee to ensure your claim is accurately filed and correctly cover the benefits you are entitled to receive after an accident.
Your Responsibilities After an Accident
After a workplace accident occurs, it is important that you treat your injuries as soon as possible. Do not delay in going to the hospital or seeing a doctor because you are waiting to receive your workers’ compensation benefits. It is easier to treat your injuries immediately than delay and potentially make your injuries worse over time.
Two deadlines to be aware of in filing a workers’ compensation claim include:
- 30 day period: You must notify your employer within 30 days of receiving your injury (or becoming aware of an injury).
- One year period: You must notify the state and file a claim for benefits within one year from the date you received the injury or became aware of the injury.
If you delay in filing your claim, you may lose your ability to receive any form of benefits. It is therefore extremely important that you take care of your injuries, but you also must file your claim for workers’ compensation benefits to receive the amounts you are owed. If you have questions regarding the claims process or the benefits you are entitled to receive, an experienced workers’ compensation attorney will be able to assist you in answering your questions and filing your claims.
Malley Law Firm | Houston Workers’ Compensation Attorney
If you or a loved one were injured in a workplace accident, do not hesitate in contacting Tony Malley of the Malley Law Firm. Tony Malley has assisted clients in filing their workers’ compensation claims and in protecting their interests after a workplace accident. Contact our Beaumont or Houston offices today for your initial free consultation.