The labor laws in most states provide for workers to claim income and medical benefits for injuries or illness that resulted from fulfilling their work-related duties, regardless of who is at fault.
Workers can claim for compensation for trauma injuries resulting from repetitive tasks or awkward positions while working, and occupational illnesses, such as a serious breathing problem caused by inhaling chemicals that are hazardous at work. However, it does not cover injuries caused by unsafe practices, worker horseplay, self-inflicted, or those resulting from worker intoxication.
These laws also protect employers from possible exploitation from their employees. In this article, we’ll be discussing Texas workers compensation laws for employers by answering a couple of questions.
Does Texas law require all employers to provide workers’ compensation insurance?
Workers’ compensation coverage is voluntary for both employers and workers in Texas. Employers who have signed up their employees for this cover can opt out of it by simply not paying for the cover. However, they will be faced with substantial risks when they do so. If an employer chooses to opt out of this system, the law requires him or her to notify all employees and the Division of Workers’ Compensation (DWC).
An employee can also choose not to be covered by workers’ compensation. To do this, he or she has to deliver a signed notice to the employer when being employed clearly stating that he or she will not claim for compensation or take advantage of workers’ compensation law procedures if injured in the line of duty. Employers, on the other hand, are not allowed by the law to ask employees during the hiring process to waive their rights to workers’ compensation insurance coverage.
What benefits will an employer enjoy from workers’ compensation?
As an employer, the main benefit of choosing to cover your employees with this state insurance scheme is that you won’t be liable to personally pay compensation for injuries your workers sustain on the job.
You need to understand that workers compensation will protect you as an employer from any liability whether or not you were at fault. The employee who was injured will be compensated the same benefits whether or not it was his or her recklessness or your negligence. For this reason, the employee won’t have the right to sue for damages, and you will enjoy immunity from prosecution.
What risks does an employer face for choosing not to cover his or her employees?
As an employer, choosing not to provide workers’ compensation cover to your employees exposes you to major risks. If an employee is injured at work and he or she sues you for damages, you won’t be able to take advantage of the cover provided by this system. As a result, you will face the charges of contributory negligence, negligence of fellow employees, and assumption of risk in court. The injured employee will stand a better chance of winning the case, and you may have to pay enormous amounts of money as compensation for damages, which is something you could have avoid with workers’ compensation.
