Texas Employment Law
January 5th, 200947 days since last work-related injury
We have all seen these types of signs at work sites. The decision to keep such an important statistical record publicly shows commitment: to Texas employment law, to safety, and to judgment in the court of public opinion. Undoubtedly, owners and managers know the potential effect that displayed injury statistics might have on current and future employees and customers, for better or worse
And yet, at the coffee shop, the grocery store, or the hairdresser, we don’t see a “Days Since Last Injury” sign, nor do we expect to. Some work sites and careers are simply more hazardous than others. However, with close examination, every work environment contains the potential for injury. Overt risks are glaringly obvious: extremes of heat, cold and height; powerful, heavy machinery; toxic or hazardous materials; etc. These elements are likely to be present anywhere in the country, and they are certainly likely in Texas. Work sites with such elements usually maintain very strict procedures for safety, including extensive training to minimize risk.
Lets return to the coffee shop example. Looking more closely at this innocuous location, we see that it, in fact, includes steam wands, grinders, scalding-hot liquids, potentially slippery floors, knives, and hot ovens. While this is not the same as cranes and other earth-moving machinery, it is significant. Furthermore, it is possible to find similar levels of significant hazards at nearly any other work site, with a through enough inspection. Even less obvious are risks of injuries such as those caused by the sedentary nature and repetitive motion of much of modern work.
To be sure, this is no call for paranoia and panic about an imminent threat of Plano workplace injury. Rather, it seems clear that in our society such risks are pretty well managed and minimized, relatively speaking. The important point here is recognizing the relevance of workers’ compensation laws to all workers: any employee may potentially be injured on the job.
When work site injury occurs, the relevant workers’ compensation laws come into play. These laws define responsibilities of employer and employee. Because specifics vary from state to state, it is essential to seek the counsel of a qualified Texas workers’ compensation attorney. However, speaking in general, workers’ compensation laws are designed to benefit both the employer and employee. The employee receives compensation for his/her injury. The employer receives immunity from litigation by the employee. Compensation amounts are predetermined, and so the need for litigation is eliminated.
Regardless of the state in which you work, as an employee, you can expect workers’ compensation laws to address:
1) Payment for any/all permanent or temporary disability resulting from your injuries
2) Weekly payments while you are injured and unable to work
3) Compensation for medical expenses
As noted, workers’ compensation is an attempt to provide a procedural structure to resolve work-related injury cases without litigation. However, the counsel of an experienced Plano workers’ compensation attorney is essential to the success of your case. Workers’ Compensation contains its own unique cluster of responsibility, precedent, and regulation, which is best navigated by someone with experience and expertise.
Visit the Indiana government website for specific information about rules and proceedings. For information regarding workers’ compensation in Plano, Fort Worth, and Denton County, visit the Texas Department of Insurance and Workers’ Compensation.
Just as it is essential to know what to do after an auto accident, knowing what to do immediately after an injury at work is crucial. If you are injured at work, follow these steps:
1) Formally report the injury to your employer. Your employer should have an existing procedure in place to document work-related injuries. Failure to report injuries when they happen – often because they seem minor initially only to later become serious – is perhaps the most common reason for subsequent failure to receive worker’s compensation benefits.
2) Cooperate and follow through with your employer and their insurance company. This is standard procedure to evaluate any compensation which you are owed.
3) Rate your level of satisfaction with any offers of compensation made. In the event that you are not satisfied, you have the option of filing a claim with the Texas Department of Insurance, the court system that deals with workers’ compensation claims.
It is important for both employers and employees to be aware of these laws and statutes to ensure that the workplace is operating in a safe, legal and productive manner for all involved. If you are an employer who seeks guidance on employment law matters, or an employee who suspects the above laws are not being enforced in your workplace and want to do something about it, then the law firm of Hayes, Berry, White & Vanzant, L.L.P., can offer experienced advice and representation. Contact our Denton, Texas, offices to schedule a consultation in which we can further discuss your case and help you ensure your workplace is a safe, respectful and legal environment.