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
In able for an injured employee to be eligible for workers’ comp, a some basic requirements must be made, while none of them are related to the injured worker’s length of employment before seeking benefits.
1. Worker must be an eligible employee. Workers’ compensation is typically available to full-time, part-times, and even seasonal workers. On the contrary, there are certain workers who are not eligible for workers’ compensation benefits. For instance, some domestic workers and independent contractors are ineligible to receive workers’ compensation benefits.
2. Employer must have workers’ compensation insurance coverage. Bosses in Texas do not have to provide workers’ compensation benefits to their workers. Though if the employer does include workers’ compensation coverage in their insurance, they are required to let their workers know that they are covered by workers’ compensation insurance.
3. Injury or illness must be work-related. The injury or ailment must have been suffered by the injured employee while he was on the clock and while he was performing work-related activities. However, the injured worker’s injury or illness does not have to be on the job’s grounds for them to be eligible for worker’s compensation.
4. Filing a claim within the statute of limitations. In order for the injured worker to receive workers’ compensation, they must file a claim before the time period, or statute of limitations is up, or they will not be eligible. In Texas, the statute of limitations is exactly one year from the date of the injury, or one year from the estimated date of the work-related illness.