Texas Workers Comp Legal Articles
Dallas, Texas workers' compensation attorney S. Michael Graham has been helping injured workers for the past 17 years. In an attempt to share his experience and expertise with the public, Attorney Graham has written the following articles to help answer some of the many questions that arise in conjunction with a conventional workers' comp case.
What is workers' compensation and how does it work?
In this article, Dallas workmans comp attorney Michael Graham discusses the basics of a work injury claim and the various types of compensation that an injured worker may be eligible to receive.
The purpose of and significant elements in a Texas workers' comp case
What exactly is Texas Workers Compensation?
If you have been injured on the job in Texas, chances are that your employer is covered by a workers' comp insurance policy. Workers' compensation coverage is more than a simple insurance policy that covers an injured worker. In fact, it is the culmination of tort reform efforts whereby the legislature amended the conventional work injury laws and put in place a system to resolve on-the-job injuries with fewer burdens on the employers. Workers' comp is very pro-business and an injured worker's rights are somewhat limited. It is for this reason that an experienced Texas workers compensation attorney can be a valuable asset in the event that you are injured on the job. Such a lawyer can help you navigate through the various loopholes and nuances of the law in order to receive maximum compensation in spite of the fact that the laws are fairly skewed in your employer.
Workers' compensation in Texas has generally been overseen by the Texas Workers' Compensation commission, which is now a subsidiary of the Texas Department of Insurance. In a practical sense, an employer will choose to opt in to Texas workers' comp coverage and they will pay a monthly premium to an insurance company that has been approved to provide such coverage in Texas. When an employee is injured, the employer will turn the claim over to their insurance company who will review the claim and make decisions with regard to whether or not the injured worker is covered and what type of benefits they are eligible to receive. Frankly, the insurance carrier often has too much latitude with regard to how the claim is handled and it's quite common for them to shortchange the injured worker and unfairly deny them the benefits that they should receive. Naturally, having your own legal counsel is the best way to ensure that the insurance company does not unfairly deny your benefits.
When does workers comp coverage apply and what compensation does the employee receive?
Perhaps the biggest benefit of workers comp coverage is that it is essentially no-fault coverage. This means that so long as the employee was performing their normal work duties and they were not under the influence of drugs or alcohol that the injury should be covered regardless of how the injury happened, in theory. Generally speaking, the mere fact that it happened on the job is typically enough to ensure that the claim will at least be processed. In theory, an injured worker who is covered by an official Texas workers comp policy should receive compensation for some portion of their lost wages, payment of medical expenses incurred to treat the injury, compensation for long term impairment or disability, and reimbursement for some incidental expenses. The problem is that the insurance company will often unfairly deny coverage of one or more of these types of compensation. For instance, if a worker injures his back while on the job and the insurance company discovers that he had a prior back injury (even if it is unrelated), they will often take advantage of that technicality and deny the claim.
How workers comp claims work
Unlike most other forms of personal injury cases, workers' comp cases typically do not involve a judge, jury, or court house. Instead these claims are handled through an administrative process by a special board that is operated by the Texas Department of Insurance. This is a paperwork-intensive process whereby the claimant must carefully navigate his way through or the claim can be unfairly denied as a matter of protocol. It is vital to partner with an experienced lawyer that can help you make the most of your workers' comp claim. In the event that the benefits are disputed, your attorney will assist you with an appeal. In some instances, multiple appeals will need to be made.
The difference between a nonsubscriber case and a workers' compensation case
In this informative article, DFW work comp lawyer Michael Graham explains the difference between a typical workers comp case and the less-common nonsubscriber case. Both have their own intricacies and subtleties and both require the help of an experienced law firm.
The difference between a workers' comp and nonsubscriber work injury case in Texas
Texas is one of few states where workers' compensation coverage is not compulsory. Businesses in Texas can choose between purchasing workers' comp coverage, having no coverage at all, or purchasing some other type of insurance policy that is not approved by or administered through the Texas Department of Insurance. The latter type of coverage classifies the employer as a "nonsubscriber," that is to say, the employer does not subscribe to Texas workers' compensation coverage. In the eyes of the state, it is not enough to simply purchase some type of work injury policy; the employer must purchase an approved Texas workers' compensation policy from an approved insurance provider in order for the conventional rules of the workers' comp claims process to apply. When the employer simply purchases an umbrella policy, general liability policy, or some other type of supplemental work injury policy, it is not administered through the Texas workers' comp board and such claims are resolved by an entirely separate area of the law.
Differences in liability
The biggest difference between nonsubscriber work injury claims and workers comp claims is that in a workers comp claim the fault of the worker, if any exists, is largely irrelevant. Regardless of how the accident occurred (within reason) the injured worker is covered and will typically receive some level of compensation. Naturally, a workers comp attorney helps by making sure that the injured workers receives all of the compensation that they deserve. On the contrary, in a nonsubscriber work injury claim the injured worker has the burden of proving that the accident was the fault of the employer. Imagine a scenario where an employee falls off of a ladder and breaks their leg. If the injured worker's employer subscribes to Texas workers' compensation coverage, with the help of a good lawyer the worker's medical bills will be paid for and he will receive some portion of his wages during the recovery process, regardless of fault and so long as the insurance carrier does not unfairly deny the claim. But if the same injury occurred and the injured worker's employer was covered by a nonsubscriber insurance policy, the worker would have to hire a Dallas work injury attorney to prove that employer should have to pay anything. In a nonsubscriber claim, any time there is fault on the employee, the employer will more than likely try to put ALL of the blame on the employee in order to be able to deny coverage. Workers' comp claims have no such trappings. If you are injured on the job, you will likely receive some type of compensation, and by hiring an experienced workers' compensation lawyer you will ensure that you receive all of the compensation that you deserve.
