What is “Workers Comp” Coverage and What Benefits Does it Provide?
Workers’ compensation (or “comp”) is a state-regulated insurance program that provides covered employees with limited income and medical benefits if they become ill or are injured or killed on the job.
In order for Workers Comp to apply,
- The injury or illness must be work related; and
- The worker’s employer must actually have workers’ compensation insurance coverage
Under Texas law, companies that do not provide workers’ compensation coverage to their employees are legally barred from asserting any defenses or blaming the worker for an accident in the event that the injured worker or his or her family files a lawsuit against the company.
Benefits Provided by Workers Compensation Coverage
The four categories of workers’ compensation benefits include:
- Income benefits for a portion of an employee’s lost wages
- Medical benefits for certain treatment related to the injury or illness
- Burial benefits that cover a portion of the funeral and burial costs if the worker is killed on the job
- Lump Sum death benefits that cover a percentage of the deceased worker’s lost wages
Filing a Workers’ Compensation Claim
After being injured on the job, Texas law provides the employee with 30 days to report the injury or illness to their employer. Failure to do so can result in a loss of benefits and waiver of coverage.
Doctors Chosen by the Company are Almost Always More Interested in Helping the Company than in Providing the Injured Worker with Quality Medical Care
After the employer is notified and a claim is filed, the employer’s workers’ compensation insurance provider will begin investigating the claim to determine whether it’s, in fact, work related. It’s quite common for the insurance company to delay and improperly deny claims, because they rely on the “company selected doctor” when determining the cause and severity of your injury or illness.
Because injured workers typically go to doctors chosen and paid by the company, the “company doctor” is almost always more interested in helping the company by quickly releasing you back to work than in providing you with the medical treatment you need to recover.
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We’ll answer your questions, explain your rights and options, make sure that you’re receiving the best medical care available, and provide you with the information you need to decide what’s best for you and your family.
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