Employers Can Choose To Not Have Workers’ Compensation In Texas

Workers’ Compensation in Texas is optional for employers.  Texas is the only state that does not require an employer to have workers’ comp insurance.  The Legislature has provided laws that protect employers that choose to buy coverage.  If an employer buys workers’ comp insurance, then they cannot be sued by the employee for an injury.  However, if the employer does not buy workers’ comp insurance (this is called being a nonsubscriber), then the employee can sue the employer for any negligence that caused an injury.

There Are Two Big Deadlines When Filing A Claim

There are two deadlines to beat if you are going to file for workers’ compensation in Texas.  The first is that you only have 30 days to report your injury to your employer.  If you miss this deadline, then your claim can be denied for that reason alone.  The second deadline is the requirement to file a claim with the Division of Workers’ Compensation within one year.  Like the 30 day deadline, this one can be fatal to your claim as well.

You Don’t Have To Be A U.S. Citizen To Get Workers’ Comp Benefits

So many people miss out on getting workers’ comp benefits because they don’t bother to file a claim.  With our diverse workforce, people assume you have to be a U.S. citizen to file for workers’ compensation in Texas.  That’s not true.  Our courts have ruled that if you are an employee, you are covered.  Your immigration status does not affect your eligibility for benefits.  The employer hired you, so they are responsible for your injuries.

You Have The Right To Choose Your Workers’ Comp Doctor

Employers try to control your choice of doctor.  They will almost always require you to go see a doctor at an urgent care center.  That’s because many of them have contracts at these facilities and we see them exercise some control over these doctors from time to time.  The truth is, you have the right to see any doctor you choose.  The catch is that the doctor has to be willing to treat you through the workers’ comp system’s rules.

Another issue with choosing a doctor is that most of the insurance companies have set up “networks” of doctors.  So, if you have an injury that is being covered by Texas Mutual Insurance, then you have to get treatment with a doctor who is in Texas Mutual’s network.  While this limits your choice of doctor, you still get to choose which one you will see for treatment.  And choosing the right one can make all the difference in the world.

You Have The Right To Hire A Texas Workers’ Compensation Lawyer

While the Division of Workers’ Compensation will tell you that you don’t need a lawyer to file a claim, you will want one.  You have the right to hire a lawyer if you are pursuing workers’ compensation in Texas.  Statistics show that injured workers with a lawyer get more treatment and collect more in benefits.  We believe that is true because Texas workers’ compensation lawyers know how to beat insurance companies at the games they play.  We even wrote a book about it.  Get your free copy right now.

Leave a comment below if you have something to add to this list.  Also, tell us what you think about our free book. 

2 Responses

  1. Thank you for explaining how employers are held accountable for injuries since they are the ones that hired their employees. My uncle is thinking about becoming an electrical contractor this month and needs to make sure that his new employees are protected when he teaches them how to properly rewire houses. He should think about getting the workers’ compensation insurance his company needs to succeed.

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