Employers work their hardest to make their work environment as safe as possible, but no matter how careful they try to be, accidents do happen—and sometimes these accidents leave us with life-altering consequences. Workers’ compensation was designed to aid employees when they are faced with these challenges. Workers’ comp is a special type of insurance regulated by the government that covers the lost wages and medical expenses employees accrue after suffering a work-related injury.
All employers are required by law to provide some form of workers’ comp insurance; however, there are some exceptions. Businesses with less than five employees are not required to carry workers’ comp insurance. Other exceptions include independent contractors and the state of Texas, which has no workers’ comp requirements. If you happen to fall in any of these categories, or if your employer was negligent in carrying workers’ comp insurance, you have a few options.
Some states have specialty programs, such as the Uninsured Employers Benefits Trust fund in California—which offers money and legal assistance to employees who receive no compensation from employers after suffering work-related injuries. It is important to research your state laws regarding workers’ compensation and the government funded resources you have available to you. These specialty funds may have different names in each state and different sets of requirements.
The most important thing is to find out the size and scope of your company’s workers’ comp insurance, and to utilize the state-sponsored programs if your company does not provide insurance. Another option many states offer is Short-term Disability Insurance (SDI), also known as temporary disability insurance, a program that gives employees wage compensation when they have to take a medical leave of absence. Again, the requirements differ by state, and most states only offer partial wage compensation for a set amount of time.
Litigation For Compensation
The final option you have is to take your employer to court. As mentioned before, employers are mandated by the government to offer some form of workers’ comp insurance. Failure to offer or provide workers’ comp is illegal under certain state laws, and you may be able to receive compensation through the legal system. By litigating your employer, you also get the chance to receive the full amount of your wages because many states only offer a set cap amount. If you decide to go the legal route, you need an attorney well versed in workers’ comp litigation who can fight to get you the best settlement you deserve.
Contact Robert White Today About Workers’ Compensation
Braker White is based in the state of Texas, a state known to have no workers’ comp requirements for employees. We have worked tirelessly for years to get injured individuals the justice they deserve after suffering work-related and sometimes life-altering injuries. We are board certified trial lawyers and our expertise in personal injury litigation has helped us to settle claims for a number of clients. Contact one of our attorneys today, and learn more about your options.