Understanding Texas Workers Compensation
What is Workers’ Compensation?
The Texas workers compensation insurance plan is run by the Texas Department of Insurance’s Division of Workers’ Compensation. The department’s vision is that it will offer the “best care and services for injured employees and their employers”. The department’s mission is to educate the system’s members about workers’ compensation, run the program efficiently and have a system that is equally fair to both employees as well as employers.
Benefits Provided Under Texas Workers Compensation
The workers’ compensation program in Texas state-run and provides care for people who sustain work related injuries or illnesses. Employees who are covered by this insurance plan can get the necessary medical care to treat their injury or illness – if it was sustained while at work.
Based on the severity of the injury or illness, workers’ compensation may cover:
- A time and dollar limit (set by law) of the amount of wages the worker lost due to the injury or illness
- If the worker was killed on the job, then compensation for burial expenses would be paid to the family
- The family of the deceased worker would also be awarded death benefits
What is Not Covered?
- Injuries that are intentionally self-inflicted
- Injuries sustained from tomfoolery
- Injuries sustained while under the influence of drugs or alcohol
- Injuries caused from participating in off-duty recreational events
- Injuries caused by “acts of God” such as hurricanes, unless the job you do has is directly related to such events
Private employers in the state of Texas are not required by law to pay for workers’ compensation. However, private employers working on state-run projects are required to pay for workers’ compensation for employees working on those projects.
Employers who do not pay for workers’ compensation are called “non-subscribers”.
- Non subscribers must file a notice with the Division of Workers’ Compensation in Texas every year
- They must also post notices on their workers’ notice boards that they do not pay for workers’ compensation
- They must also communicate – in writing – to each new employee that they don’t have workers’ compensation
A nonsubscriber can be sued in court by employees injured at work, and they cannot argue that:
- employee negligence caused the injury
- another employee’s negligence cause the injury
- the employee was aware of the danger and accepted the consequences
For more information about Workers’ Compensation in Texas, please visit Texas Workers’ Compensation.