Workers’ Comp Opt-Out Option May Cause Further Pain After a Workplace Injury

David W. Hodges
David Hodges is a founding partner of Kennedy Hodges. He focuses his practice on personal injury claims.
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Workers’ compensation benefits are designed to provide financial relief for employees who are injured on the job. The workers’ compensation process can be frightening; millions of workers in Texas and Oklahoma do not receive workplace injury benefits provided under state regulated workers’ compensation programs. These two states allow employers to opt out of the workers’ compensation program. Instead, many major employers offer alternative plans that they control and that go unregulated by local government. These plans are often inferior to the benefits provided by state run workers’ compensation programs. They frequently cover fewer injuries, cut off benefits payments sooner, control access to doctors, and impose mandatory settlements.

5 Examples of How Employer Controlled Workplace Injury Plans Are Often Inadequate

Unfortunately, many injured workers do not realize how inadequate employer run workplace injury benefits programs truly are until A Blank Work Injury Claim Formit is too late. Workers suffering on-the-job injuries often find themselves facing significant financial, physical, and emotional strain as they attempt to recover from their injuries and support themselves and their families. Sadly, it is exactly at this moment of weakness when the reality of the inadequacy of private employer regulated injury programs rears its ugly head. The following are five examples of how employers provide private workplace injury plans that are insufficient for meeting the needs of their employees:

  • Some employers do not cover bacterial infections.
  • Some employers offer inadequate funds to pay for external hearing aids.
  • Some employers exclude any sickness or disease, regardless of how the sickness or disease was contracted, opening the door to allow the company to deny coverage for conditions such as heatstroke, chemical exposure, or cancer.
  • Some companies allow managers to accompany injured workers to doctor’s appointments.
  • Some employers maintain the right to deny all benefits if workers do not report their injuries before the end of their shifts.

With many employer benefit programs proving to be inadequate, you may need to consider whether you have a potential third-party injury claim. Pursuing an injury claim after a workplace accident is not an easy process without guidance from a knowledgeable and experienced attorney. Fortunately, we are here to offer the legal assistance you need after a work accident. We encourage you to reach out today for a free consultation at 855-947-0707.

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