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What types of injuries are covered under workers’ compensation in Texas?

Texas workers’ compensation covers a broad array of personal injuries. This can include head trauma, back injuries, repetitive stress injuries, neck injuries, broken bones, shoulder and knee injuries as well illnesses that resulted from exposure to a toxic substance such as infectious diseases, like COVID-19 and other issues. If your injury is work-related, it is typically covered.

However, workers’ compensation does not usually cover self-inflicted injuries, psychiatric or stress related disorders, injuries sustained while committing a crime or while under the influence of alcohol and/or drugs, or if the injuries happened while the worker was in violation of company policies. Additionally, workers’ compensation does not cover injuries that develop because of horseplay or fighting.

If you had an injury or existing medical condition before you got a job, you may not qualify for workers’ compensation unless the injury or condition was aggravated or accelerated on the job. If an accident does happen at work, the worker needs to report the incident as soon as possible as time is of the essence in filing a claim. If there is a delay in filing, the insurance company can potentially deny benefits. Also, any delays may give the impression that the claim is not legitimate.

If you are unable to work because you are infected with COVID-19 or you were exposed to it on the job, you may be eligible for temporary disability benefits.

Whether or not you are eligible depends on your specific circumstances and which state you live in. Generally, you would need to be able to show that you were exposed to COVID-19 while you were working and that your job created a special risk of being exposed as compared to the risk for the public.

Schuelke Law does not handle workers’ compensation cases, but we are able to refer you to attorneys who do work in this area on a regular basis. However, if your employer does not have workers’ compensation insurance, you may file a normal civil claim. Our office can help you with those claims.

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