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Are Changes Coming to Texas’ Workers’ Comp Opt-Out Law?


Workers-Compensation-Wormington-and-Bollinger-Texas-McKinneyTexas’ workers’ compensation laws are notoriously confusing and have posed serious problems for employers and workers alike over the years. However, this may be coming to an end. At a recent conference, a national association of state lawmakers announced they will be investigating whether or not companies will continue to be able to opt out of workers’ compensation insurance, instead writing their own plans as to how they will care for workers who become injured on the job.

According to a recent story from NPR, approximately 1.5 million workers throughout Texas and Oklahoma do not receive state-mandated benefits under workers’ compensation laws. Instead, they are dependent on alternative, unregulated benefits programs that are controlled by employers. Unfortunately, many of the supplemental plans offered by employers cover fewer injuries, cut off benefits payments sooner, control access to medical professionals, and impose mandatory settlements. Many of these plans have also been found to violate the law. This is a serious problem for workers in Texas, in particular, as it means that they have not been afforded the protection and benefits that workers elsewhere in the United States are.

As Texas workers’ compensation attorneys, we are here to help you understand the law and your rights. If you have been injured on the job and your employer is unwilling to provide you with the care and compensation you deserve – per the law – please give us a call. The attorneys at Wormington & Bollinger are here to ensure you know your rights, especially in the event you become injured on the job and your employer is refusing to offer you the care you deserve by law.

Understanding Texas’ Current Workers’ Compensation Laws

While nearly every single state in the United States requires employers to carry workers’ compensation in order to provide medical assistance and lost wages to a worker, should he or she get hurt on the job, Texas has allowed many companies to have no insurance. Because of this, injured workers are often forced to go to court or arbitration in order to obtain benefits. NPR discovered that many of the plans Texas companies offered its workers cut off medical treatment after two years, didn’t compensate workers for permanent disabilities, and even cap payouts for deaths and serious, life-altering injuries.

Employers and others in support of the current workers’ comp laws say these alternative plans provide companies with the opportunity to save money and provide better medical care, but this is clearly not the case. With many states drastically scaling back workers’ comp benefits in recent years, some in Congress are calling for an increased federal presence in order to ensure all states – including Texas – are properly caring for injured workers.

Contact Wormington & Bollinger Today

It is no secret that work injuries often result in stacks of medical bills and time missed from work. In Texas, many workers find themselves in a vulnerable position after a work injury, as their employer offers mediocre benefits and coverage for workplace injuries. Many people do not realize this, but Texas workers have the legal right to be afforded benefits that will protect them, should they become injured. If you or a loved one sustains an injury on the job and you discover your insurance will not cover bills or protect you while you recover, please contact Wormington & Bollinger today. Our knowledgeable attorneys have your best interests in mind and will do everything we can to hold your employer accountable.