In some cases, you can get workers’ compensation in Texas if you quit your job. A workplace injury can make it difficult or impossible for you to go back to work. If you or a loved one was injured at work, you could be eligible for medical and financial benefits via the Texas workers’ compensation program.
A workers’ compensation lawyer can explain your available options for seeking benefits. They can also help you determine whether you qualify, what type of benefits you qualify for, and for how long you can receive benefits. If you applied for workers’ comp and were denied, your lawyer can help you file an effective appeal and keep fighting for the benefits you need and deserve.
How Can You Qualify for Workers’ Compensation Benefits If You Quit Your Job?
If you got hurt at work, but your illness or injuries were not detected until after you quit, you could still qualify to recover benefits. According to Texas Department of Insurance (TDI) information, you qualify for benefits if:
- Your injury occurred at your workplace or in the offsite performance of your job
- Your employer has workers’ compensation insurance or is self-insured
- Your workplace illness or injuries last for seven days or longer, entitling you to financial benefits
It can be harder to prove you are eligible for workers’ comp’s financial benefits if you quit your job, and in some cases, you might not be able to receive them at all. You could also be entitled to medical care for your injuries or illness until you reach maximum medical improvement. One way to understand the coverage you can receive is to let a workers’ compensation attorney in your area investigate your case.
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What If Your Employer does Not Have Workers’ Compensation Insurance?
Your employer is not required to have workers’ comp insurance through the state-run program. They can, however, opt to become a certified self-insurer in Texas. They must meet specific guidelines to qualify as self-insured. In either case, you could receive workers’ comp benefits.
Employees have rights as injured workers in Texas, including:
- The right to file a claim without retaliation, though this may not be a factor if you quit
- The right to file an appeal if your initial application is denied
- The right to all the benefits to which you are entitled
- The right to hire a workers’ comp attorney as your advocate
The Workers’ Compensation Act provides details on who and where appropriate compensation will come from. If you were hurt at work, you do not have to deal with the ins and outs of obtaining benefits on your own. A lawyer in your area can help you build a strong case for benefits and navigate the complicated process of obtaining them.
What Kind of Workers’ Compensation Medical Benefits Can You Get If You Quit Your Job?
Notify your employer of your injury as soon as possible. If your injury is not reported within 30 days of its occurrence, you could be prohibited from getting any workers’ compensation benefits at all—medical or financial.
The medical benefits you are otherwise entitled to receive can include:
- Emergency care
- Hospital admissions
- Surgical procedures
- Prescribed medications
- Assistive medical devices
- Rehabilitation and therapy
- Diagnostic tests and exams
- Necessary medical equipment
Your lawyer will determine who is responsible for a work injury and the resulting care you require. Medical benefits cover the costs of the treatment you require due to a workplace illness or injury. Only the bills related to your workplace injury are covered and you will not be billed for them. The physician treating you will explain the type, frequency, and duration of care you require to reach maximum medical improvement.
What Are the Benefits of Working With a Workers’ Compensation Attorney in Texas?
If you were hurt at work, a local attorney can help you understand the types of compensation you can receive via a workers’ comp insurance claim. They can also help you do all of the following:
- Prove your injury happened at work and fits the parameters of workers’ comp
- Build a strong evidence collection, including witness statements and medical records
- Request workplace video, wherever possible, to support your compensation claim
- Explore your employer’s workers’ compensation insurance status or prove they are certified as self-insured
- Clarify the application process, including completing and submitting all required forms
- Document the timing of your injury in relation to when you quit your job to determine your eligibility
You do not have to deal with the complications of filing for workers’ comp benefits or the mountain of paperwork on your own.
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Do You Need a Lawyer to File a Workers’ Compensation Appeal in Texas?
You could attempt to handle the application and appeals process on your own. Doing so, though, can be confusing and risky. TDI guidelines require your appeal to be made in writing and within 15 days of the denial. If you miss the filing deadline, you will not have another opportunity to file an appeal.
To file, you are required to:
- Cite the reason(s) you believe the denial of your application was wrong
- Explain evidence you believe supports your right to receive benefits
- Add new or supplemental evidence to your case
- Notify your employer that you are filing an appeal for benefits
When a lawyer represents you, they will take all of these steps for you, including explaining the importance of timely filing. Your lawyer will also provide you with ongoing updates throughout your case. Their guidance and support can mean you have time to focus on getting better while they focus on your case.
Get a Free Review of Your Texas Workers’ Compensation Case from Our Law Firm
If you were hurt at work, you could be eligible for workers’ comp no matter who was at fault. You might even be able to get workers’ compensation in Texas if you quit your job. Review the details of your case with one of our team members to learn more about your legal options and eligibility for benefits.
Get started now by contacting our consultation team at Clay Jenkins & Associates today.