WHAT IS WORKERS’ COMPENSATION FOR

IN TEXAS “An experienced Houston, TX workers’ compensation lawyer

can provide you with guidance on your right to benefits and can assist you in applying to receive

compensation after an accident.”

What is Workers’ Compensation For? www.workerscomp.com 2

In the state of Texas, workers’ compensation laws exist to provide important

protections for employers and for workers. Texas is unique among the states

in the U.S. because employers are allowed to choose whether they want to

take advantage of those protections and participate in the workers’

compensation system.

Workers need to know whether they are covered by workers’ compensation.

If you get hurt on the job or if your family member is killed while doing work,

you may be entitled to receive benefits. An experienced Houston, TX workers’

compensation lawyer can provide you with guidance on your right to benefits

and can assist you in applying to receive compensation after an accident.

WHAT IS WORKERS’ COMPENSATION FOR?

Workers compensation is designed to ensure that every employee who

sustains an injury because of his work can receive the money and benefits he

needs to get appropriate care.

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Employers who choose to participate in workers’ compensation will buy

insurance coverage for their workers. If an employee becomes sick or gets

injured, the workers’ compensation insurer will pay for medical treatment

costs. The employee will also receive either temporary or permanent

disability benefits in situations where his injury has affected his ability to

work.

Disability benefits provide partial wage replacement if the employee is unable

to do any work due to

the severity of his

injuries. If the worker

is restricted to light

duty and is earning

less than before he

became ill or injured,

workers’

compensation benefits

will make up some of

the difference between what was earned before the injury and the new

reduced rate. Finally, if the worker is killed, his dependents will receive

coverage for funeral costs as well as death benefits.

Employees benefit from workers’ compensation insurance because they have

a guarantee that they will receive these necessary funds any time they can

demonstrate their injury was related to their job.

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Employers benefit from purchasing workers’ compensation insurance

because the law has established workers’ compensation as an exclusive

remedy system for participating companies. This means an employer who

participates in workers’ compensation cannot be sued by a worker after an

injury except in very limited cases such as when an employer intentionally

harmed an employee. The purchase of workers’ compensation insurance

protects against potential legal costs and judgments resulting from a personal

injury or wrongful death claim.

WORKERS’ COMPENSATION VS. CIVIL LAWSUITS

Workers’ compensation provides broader protection for workers because it

offers benefits in situations where a personal injury or wrongful death lawsuit

would not be appropriate. Without workers’ compensation, an employee who

is hurt on the job has legal recourse only if he can prove negligence.

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To sue an employer, the injured worker would need to show that the

employer had breached a legal duty of care or that an employer was

vicariously responsible for the negligence of an employee because of agency

rules. Agency rules make employers responsible for certain acts of their

workers while on-the-job.

If an employee is not able to prove negligence or wrongdoing, he would be left

without resources. His only options if he became unable to work for the long-

term would be to try to apply for Social Security Disability (SSD) benefits. He

would not receive any coverage for medical costs. The financial consequences

of the workplace injury could be devastating.

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Workers’ compensation prevents this type of problem from occurring. Any

employee who can demonstrate any type of workplace injury or workplace

illness is eligible to receive benefits. This means that a person can be covered

for:

• Injuries that result from repetitive stress. This includes medical problems

like carpal tunnel syndrome.

• Injuries that result from overexertion. This includes injuries like a

herniated disc.

• Illnesses that result from any type of exposure to toxins or chemicals. This

includes things like black lung disease, asbestosis, mesothelioma and mold-

related illnesses.

• Injuries that occur in an accident onsite or outside of a regular work

environment. If you are doing any work tasks when you are harmed, the

injury should be covered regardless of where you are located at the time.

However injuries on your commute to work are not covered.

The comprehensive nature of workers’ compensation insurance coverage

ensures that workers’ compensation serves the purpose for which it was

intended: protecting employees from financial loss. An experienced workers’

compensation attorney can represent injured workers and their loved ones

and work to ensure they receive the benefits they are entitled to by law.

Contact a Houston, TX workers’ compensation insurer today if you need help

getting your benefits.

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About Abbott & Clay, LLP

Abbott, Clay & Reed, LLP, is a Plaintiff Personal Injury Law Firm in Houston, Texas with 7 attorneys committed to protecting the rights of the injured.

They do not represent companies or insurance carriers. The primary focus is on Workers’ Compensation claims and maritime injuries. They represent injured works before every field office in the state of Texas and have handled more Workers’ Compensation claims than any other plaintiff Firm in the state.

The partners of the Firm, Bill Abbott, Fyodor Clay, Bianca Reed, and Leslie Levingston, have spent over 45 years combined fighting for the rights of injured workers. The remaining lawyers of the Firm have all been actively fighting for injured workers for the Firm for at least 2 years. Abbott, Clay & Reed, LLP, is a continuation of the Ogletree, Abbott, Clay & Reed Law Firm, formerly Ogletree Abbott, LLP, and Bill Ogletree P.C. Bill Ogletree, who spent his entire career fighting for the rights of workers, retired in 2012. He began assisting workers before the Division of Workers’ Comp, or the Texas Workers’ Compensation Commission, were even created. He was joined by Bill Abbott in 1999, and the two attorneys teamed up to create a Firm that handles the largest volume of Workers Compensation claims for injured workers in the state.

Abbott, Clay & Reed L.L.P. - 12600 N Featherwood Drive Suite 200, Houston, TX 77034

Houston:713-223-1234 • Dallas:214-347-4395 • Austin:512-487-7426 • San Antonio:210-807-4302 • Toll Free:888-434-COMP