Tutorial on Worker’s Compensation Benefits

Tutorial on Worker’s Compensation Benefits

There might have been a time in your life when you thought you had landed the job of your dreams. There might have also been a time when you were content with what you are doing because it provided a means of survival for yourself or your family. It is unfortunate when a person’s life or the lives of their family take a turn for the worse due to sudden accident or death.

The main advantage of Texas workers compensation benefits is payments for physical rehabilitation, medical care, lost wage, and, regrettably, in some instances, death benefits. In cases of lost wages, they are usually paid when you experience either a permanent or temporary disability. For the permanently disabled workers, the comp benefits claim can give you a handful sum amount based on your expected life expectancy and current salaries.

However, some jobs simply do not qualify for Texas worker’s compensation benefits, these jobs include:

  • Sole proprietors
  • Partners
  • Casual workers
  • Newspaper carriers
  • Part-time domestic employees in private homes
  • Some agricultural workers
  • Real estate sales agents
  • Unpaid volunteers

In the event of sickness or injury, the harmed worker is allowed to file a claim for workers’ compensation benefits. The complaint will then be evaluated by the workers’ compensation insurer, and if it is approved, then payments will be provided for costs incurred by medical care and lost wages associated with the injury.

There is no consideration provided to which party is at fault, but occasionally the insurance company will try to deny a claim on false grounds to raise its profits and infringe the rights of an injured worker. Depending upon the state under which an application is rejected, it may be suitable to file a suit for workers’ compensation fraud.

Workers must protect their rights at all times, especially at their workplace.

First and foremost, contact an attorney and let him help you understand your Workers’ Compensation entitlements. The entitlements typically cover lost wage replacement benefits, in case you are incapable of working because of your injury. Medical treatment is also available for you, of course, paid by your employer’s insurance company. Plus, you can get permanent disability benefits for the injury and loss of function you have undergone.

Note that your meeting with your PR&A attorney is strictly private.

Remember, the attorney cannot charge you for any work done on your behalf or even a consultation fee. The Judge of Compensation will weigh a counsel fee at the end of the case that is less than 20% of the grant you receive. Also, in most cases, the employer’s insurance company will cover most of the fee.

The Texas worker’s compensation benefit package will be dependent on quite some factors. It will determine how the employee was injured in the first place. The more egregious the employers lapse in judgment, or the more outrageous the negligence was, the higher the package tends to be. This is all done to avoid litigation.

Second, it will depend on the type of injury. If the worker were killed due to the negligence of the employer, this would be needless to say be a high payout. However, if the worker has only been slightly injured and can still work in some capacity that they are reasonably qualified for because of the experience, education or training, then the payout will be less. In a situation like this, the worker may be put on light duty and given a desk job for the time being.

Conclusion

Workers’ compensation is a legislative imperative placed upon companies as a way of providing workers who are injured or fall ill at work with benefit in various forms. As per the law, it does not matter who was at fault when it comes to determining whether compensation is deserved.

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