What are my legal obligations for employees who get injured on the job in Texas?
As an employer in Texas, you have legal obligations to employees who are injured on the job, as outlined by state and federal law. These obligations include the following:
- Workers' compensation insurance: As an employer in Texas, you are required to provide workers' compensation insurance to your employees. This insurance provides wage replacement and medical benefits to employees who suffer work-related injuries or illnesses. In Texas, employers have the option to opt-out of the state's workers' compensation system and instead provide their own injury benefit plan. However, such a plan must meet state requirements and receive approval from the Texas Department of Insurance.
- Workplace safety: As an employer in Texas, you have a legal obligation to maintain a safe workplace and to take reasonable steps to prevent workplace accidents and injuries. This includes providing appropriate training and equipment, following relevant safety regulations and guidelines, and addressing potential hazards in the workplace.
- Reporting and recordkeeping: If an employee is injured on the job, you are required to report the injury to the Texas Department of Insurance within 8 days of the incident. You must also maintain a record of the injury and any medical treatment provided to the employee.
- Non-retaliation: Texas law prohibits employers from retaliating against employees who file workers' compensation claims or report workplace injuries or safety hazards.
There are some potential limitations and exceptions to these obligations. For example, if the employee was injured due to their own intentional misconduct or drug/alcohol use, they may not be eligible for workers' compensation benefits. Additionally, if the injury was caused by a third party, such as a contractor or supplier, the employee may be able to seek compensation from that party rather than from you as the employer.
If an employee is injured on the job, it's important to take prompt action to provide appropriate medical treatment and to report the injury to the appropriate authorities. You should also review your workplace safety practices to identify any potential hazards and take steps to mitigate them. If you have questions about your legal obligations as an employer or the workers' compensation system in Texas, it's advisable to seek advice from a licensed attorney.