Best Workers’ Compensation Lawyers Dallas, TX Of 2024 – Forbes

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Workers’ compensation coverage is intended to assist workers who are injured at work. Most U.S. states have laws requiring employers to offer workers’ compensation coverage to their employees.

Texas is the only state in the country that allows all private-sector employers to opt out of providing workers’ compensation coverage. This can cause a lot of confusion for workers injured on the job. The options available to you after a work injury depend on the coverage choices your employer has made.

Who Is Protected By Workers’ Compensation Laws in Dallas, TX?

In general, workers’ compensation only covers employees of “subscriber” employers—meaning those employers that opt into the state workers’ compensation coverage. Employers who opt out, or “non-subscriber” employers, take on the legal and financial risk of reimbursing injured workers.

As of 2022, 83% of private Texas employers had workers’ compensation coverage. If your employer is a subscriber, they must post a workplace notification with the insurance carrier’s name. Non-subscriber employers often choose to carry alternative benefit plans, though these can vary considerably.

Workers’ Rights Under Dallas, TX Workers’ Comp Laws

Employees of subscriber employers are entitled to reimbursement of medical expenses and some lost wages. Lost wages are only reimbursable if you have been out of work for more than seven days due to a work-based injury or illness.

Filing Process for Workers’ Compensation in Dallas, TX

If your employer is a subscriber, then you will be subject to the following filing deadlines to claim benefits:

  • File an injury report to your employer within 30 days of injury or illness or within 30 days from when you discovered that your injury or illness was work-related
  • File an official claim for compensation through the Texas Division of Workers’ Compensation

The Texas Office of Injured Employee Counsel (OIEC) offers assistance with initial claim filing at local offices and by telephone.

Workers’ Recovery for Workplace Injuries Beyond Workers’ Comp in Dallas, TX

Texas law does not allow workers whose employers have workers’ compensation coverage to sue their employer for work-related injuries or illness in most circumstances. However, if a third party is at fault, then a lawsuit can be filed against the third party in addition to filing for workers’ compensation benefits.

If your employer is a non-subscriber, then you need to follow the reporting and filing requirements set out by their alternative benefits plan or opt to file a lawsuit. Deadlines for lawsuits, such as the statute of limitations to file your claim, follow state law. In Texas, non-subscriber work injury cases are subject to the same two-year statute of limitations as personal injury claims.

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