Many workplace injuries occur in Texas every day. According to the Texas Department of Insurance, there were 2 nonfatal injuries/illnesses in Texas per 100 full-time workers in 2018.

When a worker is injured performing their job duties, they may be out of work for a period of time while they heal. To make up for these lost wages and related medical expenses, injured workers can receive workers' compensation benefits.

But, what happens if your employer fires you before you get a chance to file a claim? Can they legally terminate you as an employee just because you sustained a work injury?

While some work injuries are caused because of an employer's negligence or disregard for safety, others are caused because of a worker's own error or misstep. A mover may accidentally drop a heavy box on their foot or a nurse may slip and hurt their back while moving a patient.

In these cases, can individuals still file for workers' compensation?

Fault and Workers' Comp Benefits

Workers' compensation benefits are provided on a “no-fault” basis in Texas. This means that the employee does not even need to prove that the employer acted negligently for their injury or illness. The employer could have sustained the injury due to their own error and still successfully pursue workers' comp benefits.

If you're injured on the job, you most likely will need to file a workers' compensation claim in order to get disability benefits, which will cover all your medical expenses and lost wages when you're out of work. Unfortunately, many valid workers' comp claims are denied each year because the insurance company believes they found a valid reason why they shouldn't pay.

Appealing a Denied Claim in Texas

If your workers' comp claim is denied in Texas, your workers' comp attorney can help you through the appeals process. Your employer's insurance company is required to notify you of the denial within 15 days of when you filed the claim. They must provide you a written statement with reasons for the denial.

To dispute a decision, you will need to request a benefit review conference (BRC) with Texas' Division of Workers' Compensation. This form will provide information on your injury, the benefits you are claiming, and why you disagree with the insurance company's denial of your claim.

When a loved one is killed in a work-related accident or succumbs to a fatal work-related illness, the family not only has to deal with the hardship of a lost companion, but the family's income may be significantly reduced.

In situations like these, a type of Texas workers' compensation benefit known as “death benefits” may apply to the surviving family members.

Surviving Beneficiaries

A legal beneficiary is able to get benefits the day after the death of their family member. According to the Texas Department of Insurance, death benefits may be paid to:

It's important to remember that every work injury is different. Some may require a few weeks or months to heal, while others can have devastating and lifelong effects.

A total disability is one that prevents an individual from performing any “meaningful” work again. On the other hand, a partial disability may mean that an individual can return to work, but they can't perform the same job that they did before the workplace accident.

If you sustained a total disability, there are certain disability benefits available to ensure you have the financial means necessary to move forward with your life.