Compensable Injuries in Workers’ Comp Cases
We include on this site a general overview and some examples of the workers’ compensation laws. But, every case is different, and the information here is no substitute for an analysis of your particular situation. So, please contact us to discuss your case for specific advice.
Undisputed on the Job Injury Lawyers
An undisputed on the job injury is called a “compensable” injury. The first thing to do when you have been injured at work is to seek emergency medical care. Then, notify your employer. Let your supervisor and human resources know that you were injured and it occurred at work. For example, “I hurt my back lifting a box here at work.” If your employer is not covered by Texas Workers’ Compensation insurance, you may have a much shorter deadline to tell your employer and receive benefits under your employer’s occupational injury plan. Some plans require notice within 24 hours or less. That’s why you should make sure to notify your employer as soon as possible that you suffered an injury on the job. Then, contact one of our compensable injury attorneys.
Compensability is another way of saying “did you get injured doing your job?” If you did, and if your Austin employer has true workers’ compensation coverage (contact us to find out), then your case falls under the Texas Labor Code (Chapter 400). But even if you were hurt doing your job, in many cases, your employer and the insurance company will deny that you got injured at work. Employers generally don’t like workers’ compensation claims for many reasons, and insurance companies are always looking for excuses not to pay. If you have questions about compensability, check out the workers’ comp FAQ page.
Sometimes they say that you simply weren’t hurt at work, you are making it up, or that an “incident” occurred but it didn’t result in an “injury.” Since the insurance company generally has sixty (60) days from when it gets written notice of your claim to deny it, you should know if your claim has been accepted or denied within that time period. If that happens you will probably receive a form called a pln11, stating “carrier disputes this claim in its entirety,” or words to that effect. Here are the Texas Workers’ Compensation forms with the Texas Department of Insurance-Division of Workers’ Compensation. To avoid a compensability denial, so contact us as soon as possible after your injury for advice on how to best avoid such problems. For example, the law requires you to notify your supervisor within thirty (30) days that you had an on the job injury, or thirty days from when you knew or should have known you had an occupation disease. If you miss this deadline, with rare exceptions, the insurance company has a complete defense to your claim.
If you have a denied claim, please contact us for a free consultation with one of our Austin compensability denial attorneys.
A Testimonial From a Workers’ Compensation Client
“I tripped over a tool box at work and broke my arm. I went to the hospital, told them what happened, and also told my boss. But the insurance company denied my claim, because my boss and some other employees said I broke my arm at home, before coming to work. I couldn’t believe it!! At our workers’ compensation hearing, Mr. Ward presented evidence, called my most important witness, and cross examined my coworker so well that we won the case!! And now, finally, I am getting the medical care I need.”