When an employee suffers an injury on the job, they often have to go through a lot of red tape in order to get the medical care and disability benefits that they need. This can be true in Texas, or anywhere else throughout the U.S. This process can be difficult and time-consuming, especially if the employee is not familiar with the system.
The benefits and procedures available to workers in Texas can vary greatly depending on the status of your employer and the type of benefits the employer provides to its employees.
This will depend on whether your employer is a subscriber or non-subscriber to the Texas Workers’ Compensation system. If the employer is a subscriber to the workers’ comp system, then you are generally limited to the benefits available under that system.
However, be aware that there may also be a third party that is responsible for your injuries, in which case you may be able to file a claim or lawsuit against that responsible third party.
If the employer is a non-subscriber, the available benefits will depend on whether your employer has other benefit plans available to its employees. Some benefit plans require the employees to apply for benefits through the plan’s insurance and/or administrative process.
Many of these benefit plans will also limit the employee’s right to file a lawsuit against the employer and instead require the employee to file a claim through an arbitration process.
Other employers may be non-subscribers to the workers’ comp system and may still offer no benefit plan, in which case an injured employee would have to use their own health insurance (either employer-provided or private insurance) or other personal insurance benefit plans to seek benefits for short or long-term disability. And in some cases, an employee may not have any health insurance or other insurance benefits.
If the employer is a non-subscriber, and the employment agreement or plan does not require arbitration, then the injured employee can file a lawsuit against an employer who caused the employee’s injuries.
Additionally, the employer who is a non-subscriber to the workers’ comp system loses some of the generally available defenses, such as alleging contributory negligence by the employee or that the employee assumed the risk of working in a dangerous environment.