How can you pursue a denied workers’ compensation claim?

| Mar 20, 2020 | Workplace Injury |

If you’ve injured yourself on the job, you’ve likely filed a workers’ compensation claim. Pursuing this claim covers damages, as well as part of your lost wages. Many workers’ compensation claims receive approval, but some face denial.

A rejected claim doesn’t mean you’ll lose out on workers’ compensation during a time of need. Understanding these facts can help you work toward getting it approved.

Texas’ workers’ compensation law

Texas is the only state where employers do not have to carry workers’ compensation insurance. Yet there are still ways for employees to receive benefits. By state law, you must report your accident within 30 days of its occurrence. And you must file a claim within one year, as well, to have your benefits approved. This deadline remains in place even if the full extent of your injuries isn’t immediately evident.

Yet your employer may try disputing your claim. They may allege that your accident occurred off the job or the clock, or that it was a result of horseplay at work. And since Texas law does not mandate coverage, your employer may refuse to provide any. In this case, working with a personal injury attorney can help you figure out the steps to take toward making a claim.

Appealing your claim’s denial

When you’re having trouble attaining workers’ compensation benefits, you can appeal. You will do this through Dispute Resolution. This program, run by Texas’ Department of Insurance, aims to help broker an agreement with your employer or insurer. Yet you may still feel dissatisfied with your benefits – or lack thereof – after undergoing the resolution process. If so, you can appeal the decision through the state’s court system. But by Texas law, any appeal you make must occur within 90 days of your claim’s denial.

Losing out on workers’ compensation benefits is a scary prospect. And it can harm you as much as injuries incurred on the job. But understanding Texas’ claim and appeal laws can help you receive the benefits you deserve.