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Dec04

Workers Comp in Texas

Is a company still liable for worker’s comp in Texas if an employee refuses medical treatment?

Worker’s comp provides wage replacement and medical benefits to employees who suffer job-related injuries or illnesses. Many states offer a state worker’s comp insurance fund, or require employers to purchase worker’s comp insurance through a private carrier or be self-insured. Some states don’t require employers to have any worker’s comp insurance at all, as is the case in Texas.

Employers with worker’s comp insurance are covered under worker’s comp laws in Texas.

Under Texas law, failure to file a claim within a year after the injury occurred or illness was believed to be related to employment relieves the employer and the employer’s insurance carrier of liability unless good cause exists for failure to file the claim within the timeframe or the claim is not contested.

If the employee has filed a claim but is now refusing a reasonable request for a medical examination or medical treatment, then his/her benefits will most likely be suspended until he/she follows the required process, depending upon the insurance plan.

Employees should be promptly and clearly informed that a refusal to submit a claim or obtain a medical examination or seek medical treatment jeopardizes their eligibility for worker’s comp benefits. Such a notice should be made in accordance with the law and insurance policy.

This entry was posted on Sunday, December 4th, 2016 at 12:53 pm and is filed under
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