Hello my name is Joan Durkin an attorney with Durkin law offices in Hurst Texas I'm here to speak to you today about Texas workers compensation the first thing an injured worker needs to know is that if you're injured at work in Texas you may not have any coverage at all Texas is one of the few states where an employer has the option of whether or not to carry workers compensation insurance they may have workers compensation insurance which is governed by state law they may have a type of plan that's governed by a federal law called ERISA they may have some sort of private self-insured plan or they might have nothing at all and you just have to sue them so the first question that we would ask if you contact us is who do you work for so that we can go to the division of workers compensation insurance website and look up if they have workers compensation insurance if they do then we can assist you in locating a doctor who accepts workers compensation who can treat your injury and we'll help you fill out the paperwork necessary to get your benefits started you have to notify your employer and the division of workers compensation that you've been hurt at work so that you can start getting medical benefits and income benefits under workers compensation it doesn't matter whether your employer did anything wrong that resulted in you getting hurt that that theory involves negligence that they caused your injury if they have workers compensation all that matters is that you are at work and you got hurt it's called strict liability and therefore we don't need you to prove that your employer did anything wrong but you do need to timely report the...
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Texas workers compensation opt out Form: What You Should Know
Please note that the opt-out form shall be sent in the same condition that it was received from DWC's office; therefore, any information not specifically noted on the form is deemed unrecorded. DWC may ask for additional documentation to validate the opt-out request. Employer must provide copies of all work-related accidents and injuries and the completed work injury report (DIR) to the injured employee within two (2) working days from the date the incident occurred. The DD-WIR form must be received by DWC within four (4) working days of the actual date of the work injury. It is the employee's responsibility to keep the DIR in an accurate and current form. It is important to note that an employment accident is not the same as a labor accident. While most companies are required to provide workers' compensation coverage, they may have separate policies regarding workplace accidents, including medical and dental benefits in addition to workers' compensation coverage. Employer's Responsibilities under Texas Workers' Compensation Law The following are common employment responsibilities for employers in Texas: — You must provide transportation of workers' compensation injury claimants; — You must report any death or serious injury to a local emergency line; — You must keep track of your employees' injuries and illnesses; — You must notify and maintain an accounting of all work-related accidents and injuries. — You must provide medical and dental coverage to workers' compensation claimants during and after their employment. — Your employees' employment may not be terminated without an official written notice explaining the reason for the termination. Workers' compensation carrier — You cannot require health benefits for injured employees unless the employees are covered by a private or government plan; — You are not entitled to benefits for work-related accidents or illnesses if you: — Failed to make a timely report; — Have not maintained records of all accident and illness claims; nor have they been able to determine the percentage of employee claims that are paid; — Did not make timely payment (in full or in part) of any claim for loss of wages or unemployment compensation; or — Did not pay at least fifty-five dollars per work day for any employee injury claim.
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Video instructions and help with filling out and completing Texas workers compensation opt out form
