Free Texas Workers' Compensation FAQs | Free Texas Workers' Compensation Legal Documents

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 21:19:00 GMT

Texas is the only state that still allows private employers to choose whether or not to maintain workers` compensation insurance. Employers who choose not to maintain coverage must notify the Commission and their employees that they do not intend to maintain workers` compensation insurance. If you are unsure if your employer is covered, contact the Texas Workers` Compensation Commission at 5128044435.

How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 21:51:22 GMT

An injured worker must tell his or her employer within 30 days of the date of the injury, or within 30 days of the date the worker first knew the illness might be workrelated. The injured worker, or someone helping the worker, may either talk with or write the employer or any supervisor at the worker`s place of employment.
If an injured worker does not tell the employer within 30 days, the worker could lose the right to get benefits.

An injured worker must send a completed claim form, called a TWCC41, to the Commission within one year of the date the worker was injured, or within one year of the date the worker first knew the illness might be workrelated. The completed claim form must be sent to the Commission even if the worker is already getting benefits.
If an injured worker does not send the form within one year, the worker could lose the right to get benefits.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 21:19:00 GMT

An injured worker has the right to the initial choice of doctor. You may not change doctors except with the approval of the Commission. An injured worker does not need to get approval to go to a different doctor for emergency treatment or if the worker or the doctor moves or if the doctor is unable to continue treating the worker.

If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

Mon, 04 Jun 2007 21:51:22 GMT

If you are able to do some type of work that is within your medical limitations, you may be eligible for wage loss benefits.

Temporary income benefits will equal 70 percent of the difference between a worker`s average weekly wage and the weekly wage after the injury.

My Employer Has Denied My Claim, What Do I Do?

Tue, 29 May 2007 21:19:00 GMT

If you, your employer, or your employer`s workers` compensation insurance company may have a dispute or disagreement about your claim. You should try to resolve the dispute among yourselves, if possible. Many times, disputes can be cleared up quickly and easily by communication. Commission staff can help you try to resolve a dispute informally. If the dispute cannot be resolved informally, you may be required to attend one or more dispute resolution proceedings.

An administrative dispute resolution process attempts to resolve claim disputes informally whenever possible. If disputes cannot be resolved informally, disputes are resolved in an internal administrative process that includes hearings and reviews by a threejudge appeals panel. Disputes may be resolved in court only after attempts to resolve the dispute through the Commission`s administrative process have failed. The Texas Workers` Compensation Act also created an Ombudsman Program, which provides free assistance to injured workers and other system participants who have not hired attorneys to represent them.

An injured worker has the right to receive information and assistance regarding the worker`s claim. Commission staff will explain the worker`s rights and responsibilities under the Texas Workers` Compensation Act. Additionally, an injured worker has the right to be assisted by a Commission ombudsman in informal dispute resolution and in administrative proceedings if the worker is not represented.

If you require further assistance, you can contact the Texas Workers` Compensation Commission at the following address or phone number.

Texas Workers` Compensation Commission
Southfield Building, MS3
4000 S. IH35
Austin, TX 787047491
Phone: 5128044435

Customer Relations & Customer Services
To request general information or assistance with a claim.
5128044100 or
5128044636

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 21:19:00 GMT

You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent disabilities such as loss of use and/or disfigurement (scars). You may also qualify to participate in certain physical and vocational rehabilitation programs. If the injury causes the death of an injured worker, burial expenses are covered and the dependents of the deceased worker are entitled to certain benefits.

When Will My Benefits Begin And How Much Will They Be?

Tue, 29 May 2007 21:19:00 GMT

An injured worker becomes eligible for temporary income benefits on the eighth day of disability. Benefits are not paid for the first week of lost wages unless disability lasts for four weeks or more.

An injured worker may get temporary income benefits if the injury or illness causes the worker to lose some or all income for more than seven days.

The amount of temporary income benefits equal 70 percent of the difference between a worker`s average weekly wage and the weekly wage after the injury up to the maximum allowed by state law. This applies whether you are currently able to work parttime or you are not able to work at all.

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