It's important to know that not everybody is eligible for workers' compensation coverage if they're injured on the job. While workers' compensation should cover most employees, certain types of workers are usually excluded. FindLaw states that these exclusions usually apply to independent contractors, casual workers, farm workers, and unpaid volunteers.
Workers Comp reports that the recent case of Goldminz v. City of Dallas reminds community members about workers' compensation eligibility. The appeals case, that was filed in February 2010, explains that under Texas law a person is not entitled to workers' compensation if he is in the service of a political subdivision and is paid on a piecework basis or on a basis other than by the hour, day, week, month, or year.
When volunteer police officer Mitchell Goldminz injured his hand and back attempting to handcuff an intoxicated participant at a rally, he filed a workers' compensation claim with the city of Dallas. Yet the city denied the claim. Later, the Texas Court of Appeals ruled that because a volunteer police officer serves without pay by definition, he is not an employee under Texas law. And while the city paid over $38,000 in medical bills for Mr. Goldminz, the plaintiff did not have evidence that the city had employed him.
Employees who are looking to collect workers' compensation for a work-related injury should contact a Texas employment lawyer to learn more information about filing a claim. For up-to-date information on workers' comp in Texas, visit the Texas Department of Insurance's website at http://www.tdi.state.tx.us/.
For more information, please visit our Related Resources links.
Related Resources:
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Workers' Compensation Benefits and Returning to Work (FindLaw)
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Checklist: Information and Documents to Collect for Your Lawyer after an Injury (FindLaw)
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Contact a Houston Employment Lawyer (FindLaw)
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