The workers’ compensation laws in Texas provide most employers with the option to bypass workers’ compensation insurance coverage. Many employers opt to still obtain the coverage so that they can protect their company and offer protection to their employees.
There are specific limitations to what a worker can receive when they are covered under workers’ compensation coverage. Those limits aren’t present when a company doesn’t have workers’ compensation. When a company doesn’t have workers’ compensation, it is possible for the worker to seek damages for punitive damages and pain and suffering.
A worker who is able to claim workers’ compensation will be able to receive medical care and limited lost wages from the insurance company. The employer doesn’t have to cover those expenses. This helps to ensure that the employee gets the care they need, but it doesn’t provide them with a way to receive compensation for excess damages.
When the company doesn’t have the coverage, the method that the employee has to use to get the bills paid depends on whatever policy, such as an alternative policy, surplus lines or unauthorized insurance policy. If none of those exist, the employer is responsible for paying for the employee’s bills, and the employee can take legal action to try to receive compensation.
Any worker who suffers an injury in a workplace accident shouldn’t have to fight to get the coverage they need for medical care and other related expenses, including time off work. If you find that you’re being given the runaround, working with an attorney who is familiar with these cases might be beneficial.