Legal Question in Workers Comp in Texas

I have been denied benefits for medical care under the insurance company my company uses because the handbook states that you must report an injury the same work shift as it occured. The injury happened on the night of the 22nd and I reported it the morning of the 23rd. I am a salaried employee and not a shift employee. My question is; does state law overide this rule in the employee handbook and should I appeal this denial?


Asked on 4/10/10, 12:48 pm

1 Answer from Attorneys
Matthew Lewis Booker & Lewis, P.C.

This sounds like a non-subscriber situation. A non-subscriber is a company that does not have workers' compensation insurance. Sometimes they have an accident policy, but when they do, the rules are often different than with a regular workers' compensation case. State law applies to workers' compensation policies, but not to accident policies. Other remedies may be available. You can give me a call to discuss your case if you are interested at 972-644-1111 or 877-644-1114.

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Answered on 4/19/10, 3:28 pm


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