When a worker is injured on the job, no matter if it is the worker’s first day or one thousandth day of work, as long as the employer provides injured workers with worker’s compensation insurance coverage, and the injured worker is eligible for worker’s compensation, then an injured worker may receive benefits for their work-related injury or illness.
Requirements for Workers’ Compensation Eligibility
An injured employee may be eligible for workers’ compensation benefits, so long as these certain basic criteria are met, as well as, the employer providing workers’ compensation insurance.
1. Worker must be an eligible employee. Whether the employee is full-time, part-time, or a seasonal employee, they are typically eligible for workers’ compensation. There are cases though, where an employee may not be able to receive workers’ compensation. A few examples include independent contractors and some domestic workers, both are not eligible for workers’ compensation benefits.
2. Employer must have workers’ compensation insurance coverage. In Texas, private employers are not obligated to provide workers’ compensation insurance coverage to their employees. However, if the employer does decide to provide these benefits, then the employer must notify all of their employees that they are covered by workers compensation.
3. Injury or illness must be work-related. No matter the cause of the injury or illness, it must have been sustained while the worker was on the clock, and that the injury or illness occurred from a work-related activity. The injury doesn’t necessarily have to be in the workplace in order for the worker to be eligible.
4. Filing a claim within the statute of limitations. It is imperative for an injured employee to file a workers’ comp claim within the statute of limitations, which is defined by the specific timeframe in which the claim must filed, or the injured employee could lose the opportunity to receive benefits. In the state of Texas, the statute of limitations are specified to be one year after a work-related injury has taken place, or an estimated one year after an illness has begun.