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Does your company have to carry workers’ compensation coverage?

The Law Offices of Miller & Bicklein, P.C. |

One of the main benefits that people derive from their jobs in San Antonio is the security that their employers provide. Part of that security is knowing (or at least assuming) that if you were to be injured on the job, workers’ compensation coverage would help pay for your expenses. Imagine, then, how unsecure you might feel if you were told by your boss that your company did not offer such coverage.

Can companies actually get away with not carrying workers’ compensation insurance for their employees? While it may seem surprising, the answer to this question is yes. According to Section 406.002 of the Texas Labor Code, only public employers (as well as those in select circumstances) are required by law to offer workers’ compensation coverage. The fact that your employer is not required to have workers’ compensation insurance, however, should not suddenly cause you to feel as though you are all alone in dealing with the financials obligations related to your workplace injury. Not being required to carry workers’ compensation coverage does not necessarily mean that your employer is still not liable to help pay for injuries you suffer on the job.

Thus, what you do immediately following your accident is extremely important to ensure that you are assisted in dealing with it. Contact your boss (or your company’s human resources representative) to let him or her know about the exact circumstances of your injury. Provided that it was sustained during the course of your fulfilling your duties of employment, the company must still help pay for your medical expenses. If you encounter resistance from your employer in getting this done, you may need to consider taking legal action.

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