You are here: Home / Archives for Workers Compensation Insurance / Texas Workers Compensation Insurance

Texas Workers Comp and the Exclusive Remedy Provision

October 11, 2011 By

texas workers comp statewide

Working in Texas? The workers comp rulings recently changed. Read about them here.

JDSupra.com reports this week that the Amarillo Court of Appeals has ruled that “the exclusive remedy provision of [the] Texas Workers Compensation statute also served to preclude contract-based claims against the employer arising under uninsured and underinsured motorist coverage.”

Simply stated, workers cannot claim more from an employer than what workers compensation offers, even if the employer has other forms of applicable insurance.

The judgment stems from a case involving a city of Lubbock employee who was injured when the vehicle that employee occupied “was struck by another vehicle owned and operated by an underinsured drunk driver.” While the city was covered by workers compensation and uninsured/underinsured motorist (UM/UIM) coverage, it also had a half-million dollar deductible under its UM/UIM policy.

The employee received workers compensation, but then attempted to collect money from the UM/UIM policy as well. After the insurer, St. Paul Fire and Marine Insurance Company, denied the claim, the employee filed a lawsuit. The court judged in favor of both the city of Lubbock and its insurer, but the employee appealed the decision.

The Amarillo Court of Appeals affirmed the previous judgment. According to its ruling, “if an employee suffers work-related injuries and seeks their redress from an employer that subscribes to a workers compensation program, there is only one [and that] is through [the] workers compensation program.”

Texas employers can now rest a little easier knowing that this latest court ruling lessens their chances of being taken advantage of by employees claiming more than their fair share of damages.

Get Texas workers compensation insurance quotes quickly from Statewide Insurance Brokers. Call 888-258-0272.
Filed Under: Texas Workers Compensation Insurance Tagged With: , ,

FAQ: Employees And Job Related Injuries in Texas

July 8, 2011 By

Texas Workers Comp Statewide Insurance Brokers

Texas businesses and employees should be clear on workers comp rules and regulations

When employees enter the workplace, they have to understand that there is a chance that an accident may happen and result in personal injury. While employers take precautions to avoid these situations, such as creating safety standards, they also have to create a standard protocol for what to do when accidents occur. In addition, having Texas workers compensation insurance will ensure that your workers, and your business, are protected financially when accidents occur.

  1. Is workers compensation mandatory in Texas? Workers compensation is not mandatory in Texas. Texas businesses can choose whether or not to offer this benefit to their employees. Texas workers should be aware of the risks of working for a company that does not offer Texas workers compensation insurance. In the case of an on-the-job injury, the employee may have to take on the brunt of the medical bills as well as cope with the loss of salary from time taken off work.
  2. Who do I report my injury to and where do I go for evaluation and treatment? When you are injured on the job, you should immediately contact your human resources department as well as your immediate supervisor. If your Texas employer has Texas workers compensation insurance, you will most likely be directed to immediately report to the company doctor rather than your own personal physician. If the company does not have workers compensation insurance, then you need to see your own physician immediately. If you do not have insurance or a doctor, go to the emergency room at the nearest public hospital.
  3. Will I be allowed to return to work during the recovery from my injury? If your injury prevents you from performing your job, your company will most likely give you a modified work duty job. These programs are offered by many companies in order to aid in the recovery of the injured worker as well as mitigate the cost paid out by workers compensation insurance. As each business has its own policies regarding modified work jobs, so you will have to consult with your human resources department in order to find out the specifics of the program.
  4. What happens if my employer does not have Texas workers compensation insurance? Since Texas does not make workers compensation insurance mandatory for business, you may find yourself employed without it. If you are injured on the job and your employer does not have Texas workers compensation insurance, you can file a claim with the Texas Workers Compensation Fund if your injury causes you to miss work for more than seven days.
  5. Can I make a claim a Texas workers compensation along with a claim from my personal health insurance policy? If you have a personal health insurance policy, or have opted for a paid supplemental insurance policy from your employer, you may be provided with additional compensation for lost time. This is typically the allowed situation in most states including Texas. Keep in mind, however, that your health insurance carrier will want to seek to coordinate their benefits with the benefits of any other insurance available to you, including Texas workers compensation in order that you not be overpaid.
Filed Under: Texas Workers Compensation Insurance Tagged With: , ,