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Workers' Compensation in Houston

Workers' compensation is a state-mandated insurance program that allows employees to collect compensation if they’ve been injured at work. Through this no-fault system, employees usually can obtain payments for lost wages, medical costs, and occupational rehabilitation expenses.

Houston employment lawyers know the most up-to-date information on collecting workers' compensation benefits in the state of Texas. If you would like advice on an employment law issue, including advice on wages or benefits, you should look through FindLaw's directory to find Houston employment lawyers.

Recently in Workers' Compensation Category

ACE American Accused of Wrongfully Denying Workers' Comp Claims

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Did ACE American Insurance Co. improperly deny claims in some Texas workers' compensation cases? The Insurance and Financial Advisor reports that the Texas Insurance Department's Division of Workers' Compensation says that ACE American did not meet mandatory payment deadlines on some workers' compensation claims in 2008 and in 2009.

Worker Claims He was Fired For Filing Workers' Comp Claim

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Through workers' compensation, an employee is often entitled to receive certain benefits when he or she suffers from an occupational disease or accidental personal injury arising out of and in the course of employment. FindLaw states that it is illegal for an employer to retaliate against an employee for filing a workers' compensation claim. In Texas, an employer is also prohibited from telling an employee not to file a workers' compensation claim. Any employee that is terminated or retaliated against should contact a Houston employment lawyer to learn more information on filing a lawsuit.

Woman Sues Employer Over Work Related Injury

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An employee of Tractor Supply Co. in Marshall, Texas is suing her employer for "failing to provide a safe place to work,"  according to the Southeast Texas Record. Linda Myers filed a lawsuit in the Eastern District of Texas, Marshall Division after a metal and glass sign allegedly fell from the ceiling and landed onto her head. She claims that the injury caused significant medical care including cervical fusion of vertebral bodies.
An employee at Landtel Communications and Rignet claims that he was wrongfully terminated from his position as a field technician  after he filed for workers compensation benefits, according to the Southeast Texas Record. The employee also claims the company violated the Fair Labor Standards Act for failing to pay overtime rates for hours worked in excess of forty hours in a given week.

Worker Files Suit After Alleged Retaliation Firing

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One employee of B&E Resources has had to go through a great deal of legal trouble to receive workers' compensation. The Southeast Texas Record reports that the plaintiff, Webster Perkins, sustained work-related injuries while working for Professional Business Solutions, B&E Resources and Breckenridge Enterprises on July 24, 2008.

After the injury, Webster Perkins filed a workers' compensation claim with the Texas Workers' Compensation Commission, but the Texas Department of Insurance-Workers' Compensation Division filed an appeal. The appeals panel reportedly found that the man was not considered an employee of Breckenridge Enterprises at the time of the accident.

Man Claims He Was Fired For Requesting Workers' Comp

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A man from Orange County believes that he was wrongfully terminated from his position at KDR Supply after he filed for workers' compensation benefits. The Southeast Texas Record reports that the former employee is now firing back at the oil company with a complaint that has been filed in Jefferson County District Court by a Texas employment lawyer.

The former KDR Supply employee, Darin Linscomb, claims that he requested workers' compensation benefits after he sustained injuries while working for the company. He says that he was then terminated because of the workers' compensation claim.

Texas Mutual Insurance Co. Wins Workers' Comp Fraud Case

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Employees who are injured on the job can usually apply for workers' compensation through the Texas Department of Insurance. Yet it's important to realize that the Lone Star state has specific rules and laws when it comes to receiving workers' compensation. When people don't follow these rules and gain personal benefits that they're not legally entitled to, they can be charged with workers' compensation fraud; which would lead them to need a Texas employment lawyer.

MSN Money reports that a Travis County court recently ordered Lashantae Reeves to repay $21,000 she collected from an Austin-based workers' compensation insurer. In addition to repaying the benefits, she was sentenced to one year deferred adjudication. This fraud case came about when the worker claimed that an injury disabled her from her job. Yet, Lashantae Reeves continued to accept payments from the workers' compensation carrier Texas Mutual Insurance Co. after she went back to work as a law firm customer service representative in and health clinic education coordinator in Houston.

Who is Entitled to Workers' Compensation?

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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.

Understanding The Texas Workers' Compensation Act

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Thousands of workers in the state of Texas suffer from work-related injuries each year. Fortunately, the state has a workers' compensation system to compensate employees for accidental injuries.

The Texas Department of Insurance states that employers in Texas are typically allowed to decide whether or not they will cover their employees under the state's workers' compensation program. Employers who decide not to accept the provisions of the program lose the right to assert certain defenses if the employer is sued by an employee for an injury. While most employees are eligible for workers' compensation benefits when the employer is covered, certain types of workers are not always eligible. Casual workers, independent contractors, and certain seasonal and migrant farm workers are not always covered.

Sears Pays Largest ADA Settlement in EEOC History

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Workers’ compensation was at the center of debate with a lawsuit against Sears, Roebuck & Co, according to Occupational Health and Safety News. The lawsuit was filed by employment lawyers with the U.S. Equal Employment Opportunity Commission (EEOC) and alleged that Sears maintained an inflexible worker’s compensation leave exhaustion policy; which terminated employees when coming back from leave. This violated the Americans With Disabilities Act (ADA) because the employees were not provided with reasonable accommodations for their disabilities.