In 1917, the basics for Texas Worker’s Compensation were put into place but over 70 years later, in 1989, the Texas Workers Compensation Act was made law after much debate. This Act was effective as of 1991 and states that if an employee is injured and/or killed while on the job, Workers Compensation is the exclusive route that employee or their beneficiary may take against the employer. The Texas Worker’s Compensation Act also protects the covered employer from being sued in a Civil Court by the employee. This makes it extremely important for a doctor to determine whether or not an illness or injury is somehow work-related.

Once your doctor determines that an injury or illness is work related, their office should determine whether or not your employer has Worker’s Compensation coverage. The doctor and their office must follow Texas State guidelines and statutes if the coverage falls within the the Texas Workers Compensation system.

Under the Texas Worker’s Compensation Act, it is the responsibility of the employer to report to the Texas Workers Compensation Commission, whether they carry Worker’s Compensation Coverage. If the employer does carry Workers Compensation Coverage, they must specify whether it is Commercial coverage or certified self-insured. In addition to this, insurance companies must report to the Texas Worker’s Compensation Commission if they cancel, trade or sell an employers policy.

In accordance with the Texas Worker’s Compensation Act, an employer is obligated to report on a work-related illness, injury or death within an eight day period. The affected employee is also entitled to a written explanation of their rights and responsibilities.

There are four benefits listed under the Texas Workers Compensation Act and those include; income, medical, death and burial. There are four types of income coverage and they are all designed to replace a portion of the employees lost wages. These four types of coverage include; temporary, impairment, supplemental and lifetime income benefits. Medical benefits help pay for medical care that is necessary to treat the work-related injury or illness. Funds used to pay for medical care are paid directly to the doctor or health care provider by the employer’s Worker’s Compensation insurance provider. These funds are used to treat solely, work related injury or illness. The Texas Worker’s Compensation Act guarantees death benefits to eligible family members of an employee that was killed on the job. These benefits help pay for a portion of the lost income incurred by the family of the deceased. Finally, burial benefits help the family of the deceased pay for part of the funeral costs.

As with many regulations these days, it can be difficult to tell how faithfully employers and employees alike are reporting work-place illnesses and injuries. In some cases, the employer may be hesitant to report on an injury or illness out of fear of rising premiums from their insurance providers. Similarly, employees may be reluctant to report on an injury or illness out of fear of repercussions or they may not be aware of exactly how the injury occurred. With that being said, both employees and employers can rest assured knowing that the Texas Worker’s Compensation Act is there for their protection.