Workplace injuries in Texas involve unique legal considerations — especially when your employer opted out of workers' compensation. Here are seven essential tips from a Houston workplace injury attorney.
1. Determine Whether Your Employer Subscribes to Workers' Comp
Texas employers can opt out of workers' comp. If yours did, you have the right to sue in civil court with fewer defenses available to the employer under Texas Labor Code §406.033.
2. Report the Injury Immediately
Delayed reporting gives employers and insurers ammunition to dispute causation. Report every workplace injury to your supervisor in writing on the day it occurs.
3. Seek Independent Medical Care
Your employer's doctor works for them. You have the right to seek care from your own physician who will document your injuries independently.
4-7. More Critical Steps
Also critical: preserve all incident reports and witness information, keep detailed records of work missed, consult an attorney before signing any settlements, and act quickly given filing deadlines. Call CDF Law at (832) 945-1900.