Can I Sue My Employer for Denying Workers’ Comp?
If you're injured on the job and your employer does not subscribe to workers' compensation coverage, you can file a personal injury lawsuit against them. In limited circumstances, you may also be able to sue your employer even if they have workers comp insurance, but you can also appeal your employer's decision to deny your workers comp claim. Keep in mind, unlike every other state in the country, Texas does not require employers to maintain workers compensation insurance coverage. Here's a quick guide. https://www.youtube.com/watch?v=SjlIBTJvXTM Can an employer deny workers compensation? Yes, and they often do. Employers can deny a workers’ compensation claim in certain situations. According to Texas workers’ compensation law, injuries or illnesses are covered if it was sustained during the course and scope of your employment, and you file an injury report within 30 days of the incident. You're not required by law to prove that your employer was at fault for your injury. But if you were in some way at fault, your employer might be able to deny your workers' comp claim. For example, your injuries will not be covered if they were incurred while you were engaging in horseplay or some sort of willful criminal act. Your claim can also be denied if you intentionally injure yourself, you were intoxicated from drugs or alcohol, or you were voluntary participating in some off-duty recreational activity. Finally, workers’ compensation also does not cover injuries caused by acts of God or a third party's criminal act if it's…