The incidence of workplace-related injuries and fatalities are very high in the United States, specifically in Texas. It is in this regard that there are few vital things that you need to ponder on if you are planning to work there. One of these things that are worth understanding is about workplace injury claims.
In this regard, there are, in fact, two (2) types of workplace injury claims. The mechanics might differ depending on specific situations, whether the employer has workers compensation insurance or not.
A subscriber employer refers to an employer who has a workers compensation insurance. If your employer has this, what this means is that you can request for the paper works in order to file for a worker’s compensation claim. This is if an injury has occurred in the workplace. Specifically, you would need the Form DWC 041, which you can get from the Workers Compensation Division of the Department of Insurance.
On the other hand, if your employer does not carry a worker’s compensation insurance, he or she is classified as a “non-subscriber.” Before they hire you, the employer is mandated by law to inform you that they do not have workers compensation insurance. The notification could be done by putting it in the employees’ handbook or posting it in the bulletin board. This may also be included in the “Occupational Injury Benefit Plan” or the “Summary Plan Description” of the company. These are all vital to know before even signing a contract with your employer.
When this is the case, you have the right to file for a personal injury claim against the employer. This is, of course, when you sustained an injury from an accident in the workplace.
This is also what will happen even if the employer offered or actually paid you for the medical expenses and other compensation for the damages.
Things to Do
Regardless whether your employer is a subscriber or not, there are various things that you need to do when a workplace accident has happened, most especially when the said accident inflicted injury to you. The things that you need to do include the following:
Report the injury
Any kind of workplace accident or injuries should be reported as soon as possible to the employer. Even the minor accidents should be reported as well. This is because if you will not do this, you might not be able to get compensation for the injuries you sustained from the accident.
If your employer asked you to give a statement on the incident, it is recommended to talk with your lawyer first. You are also advised not to sign any kind of document or form that will open the access to your medical records without your lawyer.
Receive medical treatment
If you sustained an injury from an accident, it is imperative to get medical treatment as soon as possible. You should also get a copy of the medical findings. This is because you can use that as a piece of evidence when filing for a workplace-related injury compensation claim.