How long do I have to report my workplace injury to my employer?
In the state of Texas when an employee is injured, an employee has 30 days to inform their employer of the injury. After the first impairment rating, an employee then has 90 days to appeal that decision. Time is of the essence in workers compensation claims so this short window of time is imperative. Additionally, an employee must file the official paperwork for a workers compensation claim within a year of the date of injury.
Can my employer fire me?
An employer cannot fire an employee strictly based off of the injury that occurred at the job location. If this happens, and it is able to be proved, the employer will be held liable. However, an employer can terminate an employee based on other considerations such as performance issues that are hindering the position itself and causing hardship on the company.
Who pays for my prescriptions?
There are a few avenues an employee could implement when attempting to get their medical prescriptions paid for with an injury. The first step would be to check if the employer has Workers Compensation Insurance. If they do, this will typically pay for prescriptions related to on the job injury. Some employers have an Employment benefit program which will assist with costs of prescriptions, therefore be sure to ask your employer if they have that. If neither of those options are available an employee can utilize their own health insurance to cover these costs. The last resort if all else fails is for the employee to pay for the prescriptions themselves.
How long is my claim open?
When an injury claim is open by an employee, the actual claim pretty much stays open indefinitely unless the employee ceases to work for that employer or until both sides decide to settle the injury claim. However, keep in mind that a workers compensation attorney can assist with reopening a claim after settlement if the injury gets worse or persists.
What are my rights and responsibilities?
As an injured employee in the state of Texas, an employee has rights to certain procedures during the claim. An employee has the right to contest compensation on a claim, the right to dispute the resolution, and the right to be notified of a possible settlement on the claim. Additionally, there are responsibilities that the employer is expected to take such as taking measures to keep oneself safe at the workplace in all aspects of the position. Particularly, if the position is a risky position which requires employees to take extra precaution. Usually, these type of positions inform employees before accepting the job of the risks in that position.
