Workers’ Compensation for Movers in Texas

Workers’ compensation is a critical aspect of workplace safety and employee rights, especially for movers in Texas, who often face physically demanding and potentially hazardous conditions. Understanding the provisions and regulations surrounding workers’ compensation for movers who get injured is essential for both employers and employees in this industry.

Overview of Workers’ Compensation in Texas

In Texas, workers’ compensation is governed by the Texas Department of Insurance, Division of Workers’ Compensation (DWC). Unlike most states, Texas does not mandate private employers to carry workers’ compensation insurance. However, many employers opt into the system to mitigate the risk of costly lawsuits and to ensure their employees are covered in case of workplace injuries.

Risks Faced by Movers

Movers encounter numerous risks, including heavy lifting, repetitive motion injuries, slips and falls, and the potential for accidents while driving or loading/unloading items. These activities can lead to various injuries such as back strains, hernias, fractures, and even chronic musculoskeletal disorders. Given these risks, the availability of workers’ compensation becomes crucial in providing financial and medical support to injured workers.

Eligibility and Coverage

For movers to be eligible for workers’ compensation in Texas, their employer must carry workers’ compensation insurance. If the employer subscribes to the state’s workers’ compensation system, employees are generally eligible for benefits if they are injured while performing job-related duties. This coverage typically includes medical expenses, income benefits, and rehabilitation services.

Medical Benefits

Medical benefits under Texas workers’ compensation cover all reasonable and necessary medical care to treat work-related injuries or illnesses. This includes doctor visits, surgeries, hospital stays, physical therapy, and prescription medications. For movers, this might involve treatment for back injuries, muscle strains, or any other conditions directly related to their job activities.

Income Benefits

Injured movers who are unable to work may also be entitled to income benefits, which are designed to replace a portion of their lost wages. Texas workers’ compensation provides several types of income benefits:

• Temporary Income Benefits (TIBs): These are provided if the injured worker is temporarily unable to work for more than seven days. TIBs typically amount to 70% of the worker’s average weekly wage.
• Impairment Income Benefits (IIBs): If the injury results in a permanent impairment, the worker may receive IIBs, calculated based on the impairment rating assigned by a medical professional.

Supplemental Income Benefits (SIBs): Available if the worker has an impairment rating of 15% or more and has not returned to work or is earning less than 80% of their previous wage.

Lifetime Income Benefits (LIBs): These are for workers with specific catastrophic injuries, such as total and permanent loss of use of both hands, feet, eyes, or a combination of these.

Employer Responsibilities and Compliance

Employers who choose to subscribe to workers’ compensation must adhere to specific regulations, including timely reporting of injuries and providing necessary documentation to the DWC. Employers must also inform their employees about their rights under workers’ compensation and post notices in the workplace.

Non-Subscriber Employers

For employers who do not subscribe to workers’ compensation insurance, they must inform their employees and file annual notices with the DWC. Non-subscribers can be sued for negligence by injured employees, and they lose certain legal defenses in such lawsuits.

Conclusion

Workers’ compensation is a vital safety net for movers in Texas, providing essential medical and financial support in the event of a workplace injury. Both employers and employees must understand their rights and responsibilities to ensure that injured workers receive the care and compensation they need to recover and return to work. While Texas allows employers to opt out of the system, the benefits of subscribing to workers’ compensation far outweigh the potential risks and liabilities associated with being a non-subscriber.