Do You Have A Case?
Free. Simple. Quick.
The COVID-19 pandemic changed how many businesses in Texas operate, especially when it comes to workplace health and safety. From mask mandates to social distancing and remote work policies, COVID-19 restrictions have affected workers and employers across the state. But how do these changes impact the Texas Workers' Compensation system? If you're an injured worker, it's important to understand how COVID-19-related policies could influence your claim and benefits.
In general, workers' compensation in Texas covers injuries and illnesses that arise “in the course and scope” of employment. That includes not only sudden accidents, such as a fall or equipment failure, but also occupational diseases and repetitive stress injuries. However, when it comes to COVID-19, things get complicated.
The Texas Department of Insurance’s Division of Workers' Compensation issued guidelines in 2020 clarifying that an employee may be covered if they contracted COVID-19 during the course and scope of employment. That said, proving that your illness is work-related can be extremely difficult. COVID-19 exists in the community at large, making it harder to connect the exposure directly to the workplace – a necessary step for a successful claim.
Workplace COVID-19 restrictions sometimes support a claim by showing that your employer recognized a hazard and took steps to prevent exposure. On the other hand, strict workplace protocols can also be used by insurance carriers to argue that exposure occurred elsewhere, thereby denying the claim. Every case depends on its specific facts, including your job duties, known exposures, and whether your employer had failed to follow required safety measures.
Aside from contracting the virus itself, some Texas workers have suffered injuries indirectly related to COVID-19 restrictions. For example, social distancing rules may change how equipment is used or staffed, increasing the risk of an accident. A worker may be isolated or assigned unfamiliar tasks due to a reduced workforce, leading to mistakes or injuries. Alternatively, telecommuting workers could suffer repetitive stress injuries at home without the benefit of an ergonomically designed workstation.
All of these scenarios may support a workers’ comp claim, so long as the injury occurred within the scope of employment. The Texas Workers’ Compensation Act does not limit coverage to physical injuries occurring at a specific job site. Remote workers and in-home injuries may still be compensable if they happen while the employee is performing job-related duties.
Many employers adopted COVID-19 protocols in an effort to comply with public health guidance and reduce liability. However, not all employers acted responsibly. In Texas, where participation in the workers' compensation system is voluntary, employers who opt out (known as non-subscribers) may be held liable in a civil lawsuit if an employee is hurt due to the employer’s negligence, including failure to implement or enforce COVID-related precautions.
If you're injured while working for a non-subscriber employer and COVID-19 restrictions played a role—either by being ignored or improperly applied—you might have grounds for a lawsuit outside the workers’ comp system. This would allow you to seek damages like pain and suffering, which are not available under workers’ comp. However, suing a non-subscriber requires strong legal evidence and careful case preparation. Speaking with a board-certified Texas workers’ compensation attorney can clarify your options.
For workers who contract COVID-19 or suffer another injury caused by workplace restrictions, it is critical to document all details. Get immediate medical treatment and notify your employer in writing as soon as possible. Keep records of your work schedule, job duties, known exposures to infected co-workers, and workplace policies related to COVID-19. Medical records, doctor statements, and witness accounts may serve as vital evidence in proving your claim.
Texas law sets strict limits on when you must report your injury and file a claim. Under most circumstances, you must notify your employer within 30 days and file your claim with the Division of Workers' Compensation within one year. Failing to meet these deadlines can prevent you from recovering benefits completely.
If your illness or injury is accepted under the Texas workers' compensation system, you may be eligible for medical benefits and income benefits. Medical benefits cover necessary treatment for your injury or illness, while income benefits provide partial wage replacement if your condition prevents you from working. The amount and duration of these benefits vary depending on your injury and how long you're unable to work.
In the tragic event that a Texas worker dies from a COVID-19 infection contracted on the job, surviving family members may be entitled to death benefits under the comp system. These benefits can assist with funeral costs and provide a portion of the deceased worker's wages. Of course, these benefits hinge on proving that the death was work-related, so strong legal representation is often necessary.
If you believe COVID-19 restrictions contributed to your injury or illness, take action early. Report the injury, seek medical treatment, and get legal guidance. Don't assume your claim will be accepted just because your employer had COVID-19 policies in place. Additionally, remember that many insurance carriers challenge these claims, especially those related to infectious diseases.
Every workplace injury is different, and the impact of COVID-19 restrictions continues to evolve. Whether you're dealing with a new injury or have questions about an ongoing claim, speaking with an experienced Texas workers' compensation lawyer can help you understand your rights, avoid common mistakes, and increase the chances of receiving the benefits you deserve.
This post is for informational purposes only and does not constitute legal advice. If you have further questions or would like to know more, contact a lawyer right away. John Gibson is a board-certified Texas workers' compensation lawyer and may be reached at 806-763-2020.
Every client deals directly with an attorney, not a legal assistant.
Each member of our office wants to go above and beyond what the client wants.
We use the latest technologies to serve our clients better.
We make things as easy as possible for our clients.
We make it easy to get answers.
Success comes from years of hard work on behalf of our clients.
