Every employee should know what workers compensation means to his or her company, as it is an extremely important fallback should an injury on the job occur. This is mandated insurance that is maintained at the state level and helps people who are harmed while performing their job. It is, however, occasionally exploited by companies that use loopholes to deny benefits or find cause to wrongly fire an employee. Anyone who believes their right to this insurance has been denied should seek an attorney who is knowledgeable in this area, as this will make it much easier to receive compensation.
Workers compensation has been around since the start of the 20th century, and is currently managed at the state level. This means that laws concerning the insurance are different in every state, and Texas happens to be one of the few that has some pretty complicated regulations. One piece of legislation allows employers to opt out of it, known as non-subscribing, (something that is not possible in other states), though this may leave the employer open to additional liability in the event of employee injury. This makes it extra complicated for someone to seek workman’s comp in Texas, so an experienced attorney can help the process move along much more smoothly.
For the most part, it does not matter who is at fault for the employee to be eligible for workers compensation. Whether injury or death is cause by the employer, the employee, a third party or by a customer, workmans’ comp benefits should be doled out to the affected party. In the event that the accident causes a fatality, the victim’s family should be eligible to receive a monetary settlement for their loss. This means, in effect, that this fund can also act as a form of life insurance, so it is a major safety net for those in dangerous occupations, like construction or oil drilling. In most states, it is not necessary for the employee to prove that his or her employer was negligent, so fault is not normally a factor in whether or not benefits should be paid.
These benefits should include payments to the family should death occur, funding for the employee’s medical bills and care, and recompense for lost wages and future losses due to complications. Because an employee who agrees to workers compensation must sign away the right to sue on account of negligence, it is not usually possible for someone to win a judgment simply based on pain and suffering. This, however, opens up the possibility of an employer using the system against someone.
For instance, if someone is hurt on the job, their doctor may recommend light duty. In some cases, a company may flatly state that no such light duty exists for the employee, and he or she may be fired for this reason. This absolves the company of any workers compensation they would otherwise pay. Employers may also not recognize the severity of an injury and will pay out much less than they should. This can leave a person and their family in a tough situation, as the loss of benefits coupled with the inability to make wages can cause major financial strain. Because of this, it is crucial that victims seek the aid of a certified attorney that specializes in this area.