In Texas, federal laws protect employees who are injured while working. The federal laws require all employers to utilize worker’s compensation insurance coverage for the injuries. The employer must complete a claim at any time that an employee becomes injured. A failure to follow laws could equate to a violation of federal law and present legally actionable circumstances. An Accident Attorney help workers file a claim.
Reviewing Statutes and Deadlines
Under state laws, the worker must report their injuries to their employer within a month of the accident. The employer must send the worker to an urgent care facility for medical treatment upon discovering the injuries. The doctor that provides treatment must submit a medical report to the insurance company within ten days of treatment. If the worker must file a legal claim against their employer, they must file before three years have passed.
The Cause of the Accident
The cause of the accident must be determined. This cause defines whether or not the employer is responsible. If the employee was injured due to unsafe working conditions, the employer is immediately liable through OSHA regulations. If the machinery used by the company was the cause, the manufacturer of the machinery may also be liable.
How the Claim was Managed by the Employer
The attorney reviews how the claim was managed by the employer. If the employer didn’t meet deadlines properly, the worker could have been denied access to monetary benefits. Additionally, if the insurance provider didn’t assess the medical report correctly, they could deny the worker access to benefits based on false pretences.
Identifying Eligible Injuries
The attorney reviews the insurance policies and determines whether or not the work had an eligible injury. If they did, they have the right to file a claim to acquire monetary benefits. If they were fired from their job, they could also file a claim for wrongful termination.
In Texas, workers are protected against unethical employers. They have access to worker’s compensation benefits through federal laws. The laws provide them with protection against unethical employers and insurers.
