The answer is, it all depends. Does your employer carry workers’ compensation insurance? While most employers choose to purchase workers’ comp coverage so that in the event of an accident, their employees receive benefits that will pay for their medical care and even lost income, the State of Texas does not require employers to purchase workers’ compensation coverage [Source: Texas Workforce Commission]. So, what does this mean for employees who were involved in a truck accident while performing their duties?
Well, it all comes down to whether or not your employer is carrying the proper insurance coverage that will provide you with the benefits you are seeking.
My employer does carry workers’ compensation insurance? What do I need to do to obtain benefits?
In the event your employer is carrying workers’ compensation insurance, then you can expect that his or her insurance carrier will cover the costs associated with your medical care and even provide you with a portion of the income you earn given you are unable to work. The laws in TX that govern workers’ compensation state that “an injury or illness is covered, without regard to fault, if it was sustained in the course and scope of employment.”
Now, in order to obtain medical and income benefits, you do need to report your injuries to your employer within 30 days after suffering them. Your employer should then contact their insurer so that the claims process can begin. The Texas Department of Insurance says that you should receive a packet that will contain various documents including one that explains what your rights and responsibilities are as an injured employee.
You should know that neither your employer or the Department of Workers’ Compensation is responsible for paying benefits on workers’ compensation claims. Your employer’s insurance carrier is responsible for paying your medical claims associated with the injuries you suffered in the truck accident.
My employer is not carrying workers’ comp coverage. What can I do to get my medical bills paid?
If your employer in Houston did not purchase workers’ compensation insurance and does not want to pay for your medical bills or lost wages, you do hold the right to sue him or her. The Texas Workforce Commission says that when an employer chooses to go “bare,” meaning they don’t purchase workers’ comp coverage, it leaves them “open to personal injury lawsuits from employees who are injured on the job,” and “the damages and attorney’s fees are almost unlimited.” Now, if your employer isn’t insured and you need help paying your medical bills as you suffered some pretty serious injuries in a truck collision, you should contact a Houston, TX truck accident lawyer.
Not only will a truck accident attorney help you understand your rights as an injured employee, but he or she will assist you with recovering enough compensation that will cover your medical care and lost wages. Now, if you are ready to discuss the recent accident you were involved in with an attorney, USAttorneys.com is available to help you find a legal expert in your area.