Things To Know About Workers’ Compensation In Austin
Austin has many industries which have seen tremendous growth in the past few years.
These include construction, whose total value exceeds 134 billion USD. However, workers in these industries are as prone to injuries as those in other cities.
The most common injuries workers face in Austin are repetitive stress injuries, lower back pain, and carpal tunnel syndrome.
According to the latest statistics, Austin and Texas reported about 178,600 nonfatal injuries, with 39% of them serious.
If you have received injuries at the workplace, you must contact a workers’ compensation lawyer in Austin to ensure you receive adequate financial compensation. Depending on the nature of your injuries, you might incur extensive treatment, recovery, and rehabilitation costs.
The compensation will cover the medical costs and compensate for the wages lost due to the injuries.
But apart from ensuring you receive adequate compensation, you will require a lawyer for several reasons. Continue reading to find out what those are and some related topics.
Is workers comp mandatory in Austin?
Austin is situated in Texas, where the law does not make it compulsory for employers to have compensation coverage. However, most employers prefer giving their employees insurance, as it reduces the risk of facing personal injury lawsuits.
The Division of Workers’ Compensation (DCW) manages all compensation-related issues in Austin. The body makes it compulsory for employers to inform employees about the available medical coverage upon joining while giving them five days to accept or decline it.
Declining the coverage is disadvantageous to the employees, as it disqualifies them from receiving medical or income-related benefits under workers’ compensation law.
What is the time limit for filing the claim?
If you are injured at work in Austin, you or your lawyer should file an injury-related claim one year from the injury date. However, the law might entertain a delay only under exceptional circumstances, which your attorney should convey clearly to the DCW.
Types of benefits available
Under the Texas Workers’ Compensation Law, workers in Austin are entitled to four types of benefits: income, medical, burial, and death.
Income
It helps you recover the lost wages because of days missed at the workplace because of an injury.
Medical
The law gives you the right to receive medical attention necessary to treat an injury.
Burial
If your injuries are fatal, your family has the right to receive the burial-related expenses.
Death
Deaths of employees resulting from injuries incurred at work qualify their families to receive death benefits.
Why should you hire a lawyer?
Your lawyer will guide you throughout the claims process. They will help you fill out the DWC form, file a claim within 30 days, and, if you find the amount unsatisfactory, challenge the decision through the first appeal within 90 days of the decision.
Your attorney will ensure you receive treatment from a list of state-sponsored doctors (your employers will provide you with the list).
Your lawyer will provide an estimated date within which you will receive the compensation. In Austin, Texas, the period for collecting this amount is 104 weeks. The courts might extend this timeline if you require a major surgery 12 weeks before the deadline.
A lawyer will also gather the essential evidence, collect the necessary medical information, and negotiate with your employers’ insurer on your behalf.
They will ensure you receive the maximum compensatory amount (Under the law operating in Austin, Texas, availing workers’ insurance limits the damage amount an employee can receive).
Contacting a workers’ compensation lawyer in Austin helps you receive the compensation you deserve after an illness or injury. They will help you fill out the claims form, ensure you receive good treatment and represent you in the court proceedings if necessary.