Texas, and others, Workers Compensation information

[Sentinel]

Unfortunately I have only just learned of another government action to save "Big Business" money at the expense of the worker. Last year Texas dissolved the Texas Workers Compensation Commission and turned over its basic function to the Texas Department of Insurance (TDI). In addition Texas no longer requires any business to carry Workers Compensation Insurance, unless the business performs work for the State Of Texas. These are direct quotes from the TDI:

http://www.tdi.state.tx.us/consumer/...sponsibilities

Who belongs to the system?

Texas law does not require most private employers to carry Workers´ Compensation insurance. However, private employers that contract with governmental entities are required to provide Workers´ Compensation coverage for each employee working on the public project.

Workers´ Compensation Basics

The Texas Workers´ Compensation Act limits a covered employer´s liability to a specific schedule of benefits based on the type and severity of the worker´s injury. Benefits include

lifetime medical benefits for necessary treatment of compensable injuries and illnesses

disability income benefits for a specified period of time and up to dollar limits set by law

limited funeral expenses for workers killed on the job

death benefits for surviving dependents of workers killed on the job.

In addition, the laws have been significantly changed/reworded with an emphasis on providing the business all opportunities and the worker has all but been left out.

The new laws also include a "Return To Work" program that is intended to move the worker off of any disability insurance payments and send them back to work. The intent of the program is to help the injured worker become a productive member of the workforce but the wording of the law (or lack of wording and requirements) again has diluted the rights of the worker and left them out "In The Cold". Business' are allowed to offer the injured worker another position in the company. However, the business is not required to provide a position of equal pay, responsibilities, etc. In other words to satisfy this the employer is allowed to offer you a position paying significantly less. If the worker refuses this position they can/will be terminated from any benefits being received and might lose their right to sue the employer.

In addition to this if a business does offer a workers compensation program the worker is required to be notified and must agree to be bound by its rules. Those rules can contain any requirements and desires the company wishes to impose. This too can be a waiver of your rights to sue if the company or its insurance carrier fails to provide for your injuries and reduced work status/income.

Grant it this is the new Texas laws regarding Workers Compensation program. Your state may be better or may be worse. After a friend recently injured himself on the job with a trucking company located out of state I had to wonder what his fate would be. He lives in State "X" and the trucking company is headquartered in State "Y". Texas laws are not clear on how this but it appears the trucking company would be held liable??

For Texas workers you can visit the TDI site and see which companies have even elected to be covered by any Workers Compensation insurance. The search function is located at:

https://txcomp.tdi.state.tx.us/twccp...on/empinfohtml

The following link is for the US Department Of Labor WEB site listing of Compensation Laws overview for each state. This list is already over a year old and may very well have changed. I would recommend researching your states laws for the latest information. It is unfortunate but it only takes one large concern (be it government or private) to make a major change and get away with it before many others decide to make the same changes.

http://www.dol.gov/esa/regs/statutes...pdf/table1.pdf