Injured Workers Rights in Texas
The Texas Workers’ Compensation Act (TWCA) is the primary law that protects injured workers in Texas. The TWCA provides workers’ compensation benefits to employees in Dallas who are injured or become ill as a result of their job. These benefits can include:
- Medical expenses: Coverage for all reasonable and necessary medical expenses related to the work-related injury or illness.
- Temporary income benefits: Partial wage replacement while the employee is unable to work due to the injury or illness.
- Permanent income benefits: Ongoing wage replacement for workers who are unable to return to work at all or who are able to return to work but with a reduced earning capacity.
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- Death benefits: Benefits to the surviving spouse and dependent children of a worker who is killed as a result of a work-related injury or illness.
The TWCA also provides a number of protections for injured workers, including:
- Exclusive remedy: Workers who are injured on the job can only seek workers’ compensation benefits, and cannot sue their employer for damages.
- Employer liability: Employers are liable for workers’ compensation benefits, regardless of fault.
- Independent medical examination: Injured workers have the right to have an independent doctor examine them and provide a second opinion on their medical condition.
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- Appeal process: Injured workers have the right to appeal decisions made by the workers’ compensation insurance carrier or the Texas Workers’ Compensation Commission.
In addition to the TWCA, there are a number of other laws in Texas that protect injured workers. These laws include:
- Occupational Safety and Health Act (OSHA): OSHA sets safety and health standards for workplaces in Texas. Employers who violate OSHA standards may be liable for injuries to their employees.
- Fair Labor Standards Act (FLSA): The FLSA sets minimum wage and overtime pay requirements for workers in Texas. Employers who violate the FLSA may be liable for unpaid wages and overtime pay to their employees.
- Whistleblower Protection Act: The Whistleblower Protection Act protects employees from retaliation for reporting workplace safety violations or other illegal activity.
If you have been injured on the job in Texas, you should contact an experienced workers’ compensation attorney to discuss your legal rights. An attorney can help you to file a workers’ compensation claim and to protect your rights throughout the claims process.