Q.
What is Workers' Compensation?
A.
In Texas, it is a compensation system governed by a body of law
found in Title 85 of the Texas Statutes. That law provides for
medical, indemnity and rehabilitation benefits to injured workers
based upon the percent of disability, as determined by a Judge of
the Court. It was created to provide relief to injured workers and
their families. Therefore, the family would not suffer economic
hardship as a result of the worker's injury.
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Q.
Who is covered under Workers' Compensation?
A.
Generally, all paid employees are covered. It does not matter if
they are full-time, part-time, or temporary.
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Q.
Can an employee waive their rights to Workers' Compensation?
A. No. If the person is hired by the employer to perform a
service, and is not in business for him or herself, that person is
an employee and cannot waive his or her right to Workers'
Compensation.
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Q.
What are my entitlements?
A.
Medical Reimbursement, Temporary Disability (partial and/or total),
Permanent Disability (based on the percent of impairment), &
Rehabilitation.
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Q. When must an injury be filed?
A.
Under state law, a claim must be filed when an employee has a
work-related injury that requires medical attention away from the
work site or for which the employee will be missing time from work
under a physician's orders.
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Q. To whom do I report my injury?
A.
Employees should report any work-related injuries to their immediate
supervisor.
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Q. Where do I go
for medical treatment?
A.
Employees may select a physician of their choice to render necessary
medical treatment, at the expense of the employer.
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Q. Where do I go if I have a serious injury or I get hurt after
hours?
A.
Life-threatening injuries should be treated at the nearest emergency
room. Employees exposed to potential infectious and/or hazardous
materials should seek treatment within 2 hours of the exposure. If
the exposure occurs after hours, medical treatment may be sought at
the nearest emergency room.
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Q.
What happens if the injury occurs outside of Texas?
A.
Irrespective of where accident resulting in injury may occur,
whether within or without the territorial limits of the State of
Texas, if the contract of employment was entered into within the
State of Texas, and the employee was acting in the course of such
employment and was performing work outside the territorial limits of
this state under direction of the employer, the employee will be
covered under the Texas Statues for Workers’ Compensation.
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