Workers Compensation
Workers' compensation laws were enacted to reduce the need for litigation, and to mitigate the requirement that injured workers prove their injuries were their employer's "fault". Such schemes were originally known as "workman's compensation," but today, most jurisdictions have adopted the term "workers' compensation" as a gender-neutral alternative.
In the United States most employees who are injured on the job have an absolute right to medical care for that injury, and in many cases, monetary payments to compensate for resulting temporary or permanent disabilities.
In most states, employers are required to subscribe to at least some form of state mandated insurance for workers' compensation, and an employer who does not subscribe to such coverage may have financial penalties imposed. In many states, there are public uninsured employer funds to pay benefits to workers employed by companies who illegally fail to purchase insurance. Insurance policies are available to employers through commercial insurance companies: if the employer is deemed an excessive risk to insure at market rates, it can obtain coverage through an assigned-risk program.
In the vast majority of states, workers' compensation is solely provided by private insurance companies. Some states operate a state fund which serves as a model to private insurers and insures state employees. In contrast, private insurers can turn away the worst risks and can write comprehensive insurance packages covering general liability, natural disasters, and so on.The federal government pays its workers' compensation obligations for its own employees through regular appropriations.
In Texas, there are four types of workers' compensation benefits:
It is illegal in most states for an employer to terminate an employee for reporting a workplace injury or for filing a workers' compensation claim. Most states also prohibit refusing employment for having previously filed a workers' compensation claim. However, employers can consult commercial databases of claims data and it would seem nearly impossible to prove that an employer discriminated against a job applicant because of his or her claims history. To reduce this kind of discrimination, some states have created a "subsequent injury trust fund" which will reimburse insurers for benefits paid to workers who suffer aggravation or recurrence of a compensable injury.
Most employers and insurance companies vigorously dispute employee claims for workers' compensation payments. In any contested case, or in any case involving serious injury, a lawyer with specific experience in handling workers' compensation claims on behalf of injured workers should be consulted. Texas laws limit a claimant's legal expenses to 25% of any financial settlement or award. Attorneys Fees are payable only if the recovery is successful. If no award is recovered, the attorney will be paid nothing and loses the time and money he or she put into the case, thereby having essentially worked for free.
If you've been injured on the job, call the Ogletree Abbott Law Firm right away. Located in Houston, the Ogletree Abbott Law Firm is the state's leading Workers Compensation Law Firm. We offer free personal, confidential information via Online Chat, Video chat, Email and by our international Toll-Free telephone number 1-888-434-COMP or 713-223-1234. E-Communicate or speak directly to one of our workers comp lawyers at no cost to you. The initial consultation is Free. Remember, the more information you get, the better choices you will make. Call today, we are ready to help you obtain a fair impairment rating.
