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Workers’ Compensation FAQ

10 Frequently Asked Questions by Injured Workers

When should I report my accident?

ANSWER: Always report your injury to your employer as soon as possible; usually a verbal report is all you need to make. However, some employers do request for the report to be done in writing. Also, you must reported within 30 days.

Should I wait for my employer to send me to a Doctor?

ANSWER: Emergency care can be sought without concern about approval, but the right to select your ongoing treating doctor is yours in most cases.

Can I choose my own Doctor?

ANSWER: Yes you can choose a doctor within the first 60 days from your date of injury. After 60 days, you must request a change of doctor from the Texas Department of Insurance, Division of Workers’ Compensation. However, you must also contact the Insurance Company to find out if you are a Network or Non-network claim.

When do my checks start?

ANSWER: When you are off work at least seven days, you have a right to receive Temporary Income Benefits beginning on the eighth day while you are disabled because of your injury and the doctor has you off work.

How much am I going to receive weekly and how is it calculated?

ANSWER: This depends on how much you were earning before you were hurt. It will be 70% of your weekly earnings before you were hurt. If you were earning $8.50 per hour, the weekly benefit will be 75% for the first 26 weeks of disability. After 26 weeks is reduced to 70%.

What can I do if the Insurance does not want to pay my accident?

ANSWER: Talk to an attorney immediately. If the insurance is denying your claim, may need to request a Benefit Review Conference with the Texas Department of Insurance, Division of Workers’ Compensation. You must have all the necessary documents to proceed.

Can I get fired while I am out on Workers’ Compensation?

ANSWER: Yes, however, the employer cannot fire you because you filed a workers’ compensation claim. In most cases, the employer must give you 12 weeks of leave (FMLA) before they can fire you, but an employer may fire you if you are unable to go back to work.

How long do I have to report my accident to my employer?

ANSWER: You must report your injury to your employer within 30 days from the date of the injury.

How long do I have to report my accident to the Texas Department of Insurance, Division of Workers’ Compensation?

ANSWER: You must report your injury claim with the Texas Department of Insurance, Division of Workers’ Compensation within One (1) year from the date of your injury.

Will I be compensated for my accident?

ANSWER: You may be entitled to received IIBS (Impairment Rating Benefits) to compensate your for your injury. While the receipt of IIBS is not a “settlement” of your case, it is the way the law compensates you for the damage(s). You will receive three weeks of benefits for every percentage point in your impairment rating. If you received an impairment rating of 15% or more, you may apply for SIBS (Supplemental Income Benefits) which can begin after your IIBS run out. However, SIBS are designed to help you get back to some type of work, many restrictions apply here.