Posted on Monday, August 20th, 2018 at 3:03 pm
In San Antonio, worker’s compensation isn’t mandatory unless the employee is a public employee or meets other requirements of the law. Therefore, employers can decide whether they want to carry workers’ compensation insurance for their employees or occupational accident insurance for contractors. Workers’ compensation protects both employers who sustain injuries or illnesses on the job and the employer. It basically provides replacement of their wages and health benefits to employees. In contrast, occupational accident insurance, provides the same to independent contractors. Typically, employees who qualify for worker’s compensation or contractors who qualify for occupational accident insurance, have to meet certain requirements to receive payments if they’re not able to their full capacity. In return, the employer is spared a personal injury lawsuit and their financial liability is limited.
If you’re currently employed with a company that has workers’ compensation insurance or occupational accident insurance, it is paramount that you understand how each works. Millions of individuals sustain workplace injuries every day and it’s important that you are aware of your benefits, if they exist. If you are, in fact, injured at work, there are certain steps you should take so that you can become eligible for workers compensation or occupational accident insurance benefits. They are as follows:
Report Your Injury
The first thing you need to do when you are injured on-the-job is to immediately report it to your supervisor. In San Antonio and the rest of Texas, you have up to 30 days to report your injury so that you can make a claim for workers’ compensation. In the event that your employer refuses to accept your report and tries to deny you from making a claim, you can speak with a San Antonio attorney who is experienced in the area of workers’ compensation.
Find Out if Your Employer Has Workers’ Compensation
Texas is a state that doesn’t require employers to get workers’ compensation insurance or occupational accident insurance for contractors. As a result, it’s important that you find out whether your employer has it. If your employer doesn’t carry workers’ compensation, you may want to consult with a San Antonio attorney about starting a personal injury claim. This is an option if your injury was sustained as a result of negligence or an intentional act on the part of the employer or a coworker.
In many successful workers’ compensation claims, the injured worker finds a witness who can vouch for what happened. If you can find a witness, it can make things easier. If there weren’t any witnesses, you can still take down the names of anyone who helped you. In Texas, the employee has the burden of proof regarding on-the-job accidents and injuries or illnesses sustained at work, so this is especially important.
See a Doctor
The next step is to see a doctor. You can choose to see your own or one recommended by your employer. Keep in mind that, if you opt to see your own doctor, make sure he or she accepts workers’ compensation insurance. The doctor should make a full report of the findings of your exam, detailing everything about your injury.
Return to Work if Possible
If you are able to, you should return to work as soon as you can. If necessary, do what you can and only perform light work duties. This may be necessary while you wait for your workers’ compensation benefits to begin coming your way. Additionally, if your injury isn’t debilitating, you should return to work to avoid a conflict like getting fired.
If your employer doesn’t have workers compensation or occupational accident insurance, you may be able to file a personal injury claim for your injury with a San Antonio attorney while doing light work duties.
It’s important to follow all these steps if you are injured at work in the San Antonio area. Knowing all your rights and having an open communication with your employer is key to a successful workers’ comp claim.