Injured Workers’ Rights in TexasFebruary 20, 2018
Knowing your rights can be essential to protecting and asserting them. This is particularly true and important in the aftermath of workplace accidents because not knowing or misunderstanding your rights as an injured worker in Texas can complicate – if not subvert – a claim for compensation.
To help injured workers, the following presents some of the key rights they have under Texas law.1 If you or a loved one needs more insights regarding your rights and recovery options following a workplace accident, don’t hesitate to contact an experienced Houston personal injury & workers compensation attorney at the Amaro Law Firm.
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A Look at Your Rights as an Injured Worker in Texas
According to Texas law, the rights that injured workers have will depend on whether the employer has opted in or out of the Texas workers’ compensation program.
When an employer has opted in, injured workers have the rights to:
- Seek workers’ compensation benefits, regardless of fault – These benefits can include medical benefits, as well as income benefits (up to a certain amount).
- Not be fired for filing a workers’ compensation claim – It is illegal for Texas employers to fire injured workers who have filed workers’ compensation claims as an act of retaliation. If an employer does fire an injured worker for filing a claim, the employer can be sued for violating labor law.
- Sue third parties that were liable for the work accident or injuries – In the event some third party’s negligence contributed to work-related injuries, injured workers can sue that party in addition to seeking workers’ compensation benefits. Vendors and contractors are some examples of these third parties.
When an employer has opted out and, consequently, does not have workers’ compensation coverage, injured workers have the right to file a personal injury lawsuit against the employer. This can provide the opportunity to be more fully compensated for the damage, injuries and losses caused by a work accident.
The Bottom Line
Regardless of whether a Texas employer has or does not have workers’ compensation coverage, the bottom line is that injured workers:
- Have the right to a safe work environment
- Have legal options for seeking financial recovery in the aftermath of a work accident.
Get Essential Answers & Advocacy for Your Claim: Contact a Houston Personal Injury & Workers Compensation Lawyer at the Amaro Law Firm
If you or a loved one has been harmed in a workplace accident, you can turn to an experienced Houston personal injury & workers compensation attorney at the Amaro Law Firm for effective advocacy in the pursuit of financial recovery.
Call (713) 352-7975, text (281) 612-8024 or email our firm for your FREE, no obligations consultation.
Relentless, strategic and dedicated, our attorneys can help you identify and pursue your best options for compensation in the aftermath of any type of work accident. While compensation can never erase the profound, irreversible damage caused by catastrophic work injuries, it can be the key to healing and restoring your life.
Testimonials from former clients, as well as 5-star ratings on Google and Facebook, affirm our history of quality representation and success in accident and injury claims.
1: Texas Workers’ Compensation Resources from the Texas Department of Insurance