Suffering a workplace injury can be a stressful and confusing experience. In Texas, while not all employers are required to carry Workers’ Compensation insurance, those who do must comply with specific responsibilities to protect injured employees.
Below, we explain the main obligations your employer has if you get injured while performing your job duties.
Provide Immediate Medical Care
Your health is the priority. The employer must ensure that you receive medical attention as soon as possible, either by sending you to a physician approved by the Workers’ Compensation insurance or by calling emergency services if the injury is severe.
Notify the Workers’ Compensation Insurance Carrier
The employer is obligated to report the accident to its insurance carrier as soon as it becomes aware of your injury. This step is essential to begin the process of medical and income benefits.
Provide You with the Necessary Forms
In Texas, employers with Workers’ Compensation coverage must give you the required forms to file your claim and explain how to complete them correctly.
Avoid Retaliation Against You
The law prohibits employers from retaliating against a worker for reporting a workplace injury or filing a Workers’ Compensation claim. This means they cannot fire you, cut your hours, or discriminate against you for exercising your rights.
Keep You Informed About Your Job Status
The employer must inform you whether you can return to your duties or if there are light-duty alternatives while you recover. Lack of communication may be considered a violation of your rights.
What to Do If Your Employer Fails to Meet Their Responsibilities
If your employer does not report the accident, denies you access to medical care, or retaliates against you, seek legal advice as soon as possible. A Workers’ Compensation attorney can help you:
- Properly file your claim.
- Protect you from illegal retaliation.
- Ensure you receive the benefits you are entitled to.
Conclusion
Understanding your employer’s responsibilities is key to protecting your rights after a workplace injury. If you were injured on the job in Texas and are unsure whether your employer is acting correctly, consult with an experienced attorney to defend your case.
