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Workers' Compensation Rules in Texas

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    • Started in 1917, Texas' Workers Compensation Commission exists to protect the rights of employees who are injured on the job. A number of rules and regulations govern an employee's eligibility for benefits as well as their collection and payment. Additionally, Texas employers have the option of whether to extend these benefits to their employees.

    Employer Election

    • According to Section 406.005 of the Texas Statutes, employers may elect whether to offer workers' compensation insurance to their employees. They must provide this information in writing alongside offers of employment. As of 2010, Texas is one of only a few states to afford its employers this option. Most employers do take it, however, as they are subject to the loss of certain legal privileges if they do not.

    Covered Scenarios

    • Workers' compensation is designed to protect employees' livelihood in the event of accidents. Of course, this is a relatively broad definition. According to the Texas law, this can include conditions are disparate as carpal tunnel syndrome and heart attacks. Generally speaking, any work-related accident that impairs a person from doing his job will be covered.

    Collection of Benefits

    • Benefits paid by workers' compensation in Texas range from 70 percent to 75 percent of the worker's salary, as well as visits to approved medical professionals that are deemed necessary to rehabilitate the employee for work. To take advantage of these benefits, an injured employee must report her conditions within 30 days of an accident or the date she becomes aware of an impairment. Additionally, the TWCC-41 claim form must be filed within a year in order to ensure benefits payment.

      Finally, employees must submit to a medical examination in order to ascertain the extent of their injuries. Failure to cooperate can result in benefits being disallowed or suspended.

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