What Constitutes Work-Related Injury in Texas?

Personal Injury

Injured employees in Texas are covered by a government-run system called workers’ compensation. Many employees rely on this essential employee benefit in case of workplace accidents. While workers’ comp benefits won’t cover everything, they can give you the help you need without going through a long and tedious process of a civil personal injury lawsuit.

However, the Texas insurance companies providing workers’ compensation can sometimes challenge or deny your right to these benefits. One way they do it is by claiming your injury isn’t “work-related.” If you have suffered a job-related injury or illness, you need to speak to an Edinburg personal injury attorney from our law firm for personalized legal advice and guidance.

What Type of Injuries Are Covered in Workers’ Compensation?

Workers’ compensation will often cover minor and severe injuries. These benefits are made available to help you remain financially stable as you recover from your injuries.

The common injuries covered under this system include:

• Heart attack or stroke
• Vision or hearing loss
• Neck and back injuries
• Occupational diseases such as mesothelioma or cancer
• Scarring or disfigurement

In the Course and Scope of Employment

Generally, illnesses and injuries are covered under workers’ comp without regard to fault as long as they happen during the course ad scope of employment. This means that the employee is covered as long as the employee is carrying on or furthering the employer’s business. The activity could be within the business premises or any other location.

For example, you are covered if you are involved in a car accident while traveling to a conference for your employer. If the insurance company is trying to deny you compensation by arguing you were outside your employer’s premises, you need to seek the help of an Edinburg work injury lawyer who can fight for your rights.

What Type of Injuries Are Not Covered?

While you may be covered in most work-related injuries, there are other injuries that are considered to fall outside the scope and course of employment. Still, if any of them applies to you, you need to consult with your workers’ comp attorney in Texas for more legal options.

These injuries may include scenarios where the employee:

• Was engaged in horseplay
• Was involved in a fight that he started
• Hurt due to intoxication from drugs or alcohol
• Engaged in self-injury
• Was injured due to criminal acts from third parties without work-related motivation
• Injured as a result of voluntary off-duty recreational activities

I’m I Covered if I Suffer Injuries While Commuting to Work?

The statute excludes injuries sustained on your way to or from work. You may, however, be covered if:

• The means of transport are under the control of your employer
• The transportation is part of the contract or is being paid by your employer
• Your employer directs you from one place to another.

This means you may be covered if you drive a company car, don’t have a fixed work site, or got injured while running a work-related errand. For example, a salesperson has a right to compensation if he is injured while driving to meet a client.

What Happens if I’m Injured During a Break at Work?

Texas workers’ comp may still cover you if you get injured while on a break inside for meals or rest breaks. If you leave your workplace during the break and end up injured, you may not be covered anymore unless you are outside, furthering your employer’s interests.

What Happens if I’m Injured at Work After My Shift Has Ended?

As long as you are at your workplace, you deserve compensation. This means you may be compensated for injuries sustained in the parking lot controlled and owned by your employer. But if you leave the premises after work, any injuries that may happen are not part of your workers’ comp.

I’m I Covered for Mental Stress and PTSD in Texas Workers’ Compensation?

Unfortunately, the Texas workers’ comp system doesn’t cover mental stress and psychological conditions like PTSD. Therefore, you can’t file a workers’ comp claim for stress-related injury under state law due to your job in Texas.

But there’s an exception that covers first responders like peace officers’ firefighters, and emergency personnel with post-traumatic stress disorder due to an event that occurred within the course and scope of employment. If you are in this category, you can talk to your Edinburg work injury lawyer to take advantage of the exception in Section 504.109.

Stress Caused by Retaliation, Discrimination, and Unlawful Harassment

If you’re being harassed or discriminated against at work and it’s causing you stress, you may be legible for compensation. However, this may be a different type of compensation and not workers’ comp. You may have to file a complaint with the Equal Employment Opportunity Commission (EEOC).

You will be allowed to file a lawsuit if the EEOC cannot resolve the issue on your behalf. You will need a skilled work injury attorney to help you file a successful lawsuit and help you receive pain and suffering damages.

A Texas Law Firm Dedicated to Improving Workplace Safety

One issue arising from on-the-job accidents is whether the work injury is indeed a work injury. You can still seek compensation from other negligent parties in addition to your employer.

After a work-related injury, your employer will likely conduct an investigation. You’ll need a personal injury lawyer to fight for you if your employer attempts to deny you your benefits.

Our law firm can fight for you and help you explore more legal remedies depending on your circumstances. We’ll use our experience working with workplace injury victims to help you. Give us a call today to arrange a FREE no-obligation consultation with us.