The Texas Work Comp Law is a law that provides protection to anyone who is injured at work. It ensures that employees are not left without the financial means necessary to pay for medical support after being injured on the job. As with most laws though, there are things that need clarification, such as what documentation needs to be submitted so that an individual will be eligible for compensation and when will they receive it.
This article aims to provide information about these issues and answer any questions you may have regarding this topic.
Who Is Eligible?
According to the Texas Labor Code (Article 26.100), an individual who has been injured at work is eligible for compensation regardless of whether or not they are covered by a workers’ compensation insurance policy or similar program. For the purposes of this article, we will be focusing on non-employees and those who have been injured at work through a personal injury suit. A common misconception is that only employees can get compensation or that only employees qualify if they have been injured at work.
What Are The Requirements?
In order to receive compensation from the Texas Work Comp Law, the individual must first get a certificate of disability. This must be done by a doctor who was hired by the workers’ compensation insurance company or by an examiner that has been approved and contracted by the state. Documentation such as, but not limited to; police reports, proof of attendance at medical treatment and photographic evidence must accompany this application.
In addition, the injury must have occurred during the unemployment period. What does this mean? According to Section 26.102 of the Texas Labor Code, it means that an individual cannot be compensated for work injuries occurring more than six months after they last worked. This includes injuries sustained at an employment site during normal operating hours and injuries sustained from work-related ailments or mishaps that occur outside of an employee’s normal working hours.
In addition to these requirements, you must be able to provide medical documentation that indicates you were unable to work due to your injuries sustained at work. This documentation must come from a licensed practitioner who was hired by the Texas Work Comp insurance company. They also need to have been made during the time that you were injured and unable to work.
When Will I Receive Compensation?
According to Section 26.105(a) of the Texas Labor Code, the compensation is paid out on a monthly basis. This can be paid out at any point during the unemployment period or after an individual has become employed again. The compensation can also be increased based on the loss of earning potential and medical costs that have been incurred.
What Are The Penalties For Not Complying?
Section 26.105(b) of the Texas Work Comp Law provides a penalty for any person who fails to comply with the provisions of this article or any rules or orders that may be issued thereunder. The penalties provided are categorized into five categories. These include:
1. A fine of one thousand dollars for anyone who fails to comply with a rule or order;
2. Suspension or revocation of an individual’s certificate of disability or correction to it;
3. Compulsory physical or mental treatment;
4. Compulsory labor; and
5. Permanent revocation of the individual’s certificate of disability.
It is also important to note that failure to comply does not mean the person will receive pay for the time that they are out until they comply with the requirements of this article. The individual must first apply for compensation in order to receive any benefits from this law.
More info available at https://qcare.org/what-is-qcare/designation-process/.