In Texas, Everything's Different Now

14 September 2017
 Categories: Law, Blog

Share

In Texas, everything is different from many of the other states in the Union. In fact, most residents of Texas view themselves as separate from the rest of the country, similar to how Quebec has tried to secede from Canada several times. With Hurricane Harvey hitting, the residents are probably very thankful they have never tried to secede from the Union. Nonetheless, it should be noted that workman's compensation laws there are equally as different. Here is how a workman's compensation lawyer in Texas may handle your case if you were injured in the floods while at work.

The Texas Labor Code

In Texas, you should have been on the job for at least eight weeks prior to when the hurricane hit. If you did not evacuate and continued to work, you may receive benefits for injuries sustained during the flooding. Some companies could not evacuate because their jobs are directly related to the survival of Texans. If this describes your situation, you qualify for benefits under the Texas labor code sections 408.081-408.187. 

Texas Benefits

Texans are entitled to four types of workman's compensation benefits. However, your surviving family members may only claim the third and fourth benefits if you die in the line of duty. One such example is acting as a Coast Guard for the state of Texas. Risking life and limb to save others during the flood, only to lose your own, would result in the death benefit payment under Texas law. The other two benefits for income and medical expenses are payable upon approval.

Denied Benefits

If you diligently did the job you were expected to do, even while the hurricane was raging and waning, you should have been paid benefits when you were injured. If you were denied for any ridiculous reason, contact a workman's compensation lawyer. He or she can help get you the benefits you are owed.

Additionally, it may be difficult to locate a lawyer since most of your area/state around the Gulf was evacuated. Your lawyer may have temporarily relocated to Houston and the surrounding areas. You can hire him/her, and file whatever paperwork you have through him/her. Thankfully, even with a county courthouse under water still, your lawyer can file your documents online with the existing court. Otherwise, you may have to wait until the waters recede, which could make your claim null and void if the claim period is up. File sooner than later.