If you’ve suffered a work-related injury or illness, it’s important to know some basics about workers’ compensation. Workers’ compensation can help you cover medical expenses, lost wages, and rehabilitation costs while you recover. These benefits are designed to support employees who are injured on the job, regardless of fault, ensuring that they receive the care they need without facing financial hardship.
Applying and being approved for workers’ compensation can be a complicated process, but such benefits can help you get medical care and cover lost wages.
You can get workers’ comp for an injury or condition that occurred over time
Many workplace injuries are the result of “cumulative trauma.” They develop over months or years of strenuous or repetitive movements. Illnesses like those caused by exposure to toxins are the same.
You don’t need an injury caused by a specific accident to claim workers’ comp benefits. However, it can be more difficult to prove that an injury caused by cumulative trauma is work related.
You can get workers’ comp even if you’re at fault
Workers’ comp is considered “no-fault” insurance. That means even if an employee contributed to their own injury by being negligent or not following safety protocols, they can still receive benefits. There are important exceptions, though.
For example, employees typically can’t get workers’ comp if their injury was caused by:
- Being impaired by alcohol and/or drugs
- Being intentionally careless or reckless
- Intentionally trying to harm themselves
Workers’ comp also doesn’t cover injuries suffered while “voluntarily participating” in an activity like playing on a department softball team. “Act of God” injuries are also not covered unless the job involves being out in the elements.
You can’t be fired or otherwise punished for filing a claim
Under Texas law, an employer “may not discharge or in any other manner discriminate against an employee because the employee has filed a workers’ compensation claim in good faith….” However, that doesn’t mean you can’t be moved to another job if you can’t perform your previous one due to your injuries.
It also doesn’t mean you can’t be laid off or terminated for another reason. It can be tricky to prove that a termination was carried out in retaliation for filing a claim.
It’s important to know your rights under state law if you suffer a work-related injury or illness. If you’re having trouble getting the compensation you need, it can be smart to get legal guidance to help you protect your rights.