Bailey & Galyen Attorney Gives Overview of Work Comp in Texas
Attorney Kim Smith, a 12-year veteran at Bailey & Galyen, spoke recently with Keith Spencer, the host of The Legal Hour, explaining some of the unique aspects of the Texas workers’ compensation system and how an injured worker can pursue benefits after a workplace injury.
A graduate of the Thurgood Marshall School of Law at Texas Southern University in Houston, Kim Smith is the managing attorney of the workers’ compensation department at Bailey & Galyen, practicing out of the firm’s Arlington offices.
How Does Workers’ Compensation Differ in Texas?
Unlike other states, Texas does not require that employers obtain workers’ compensation insurance to provide benefits to injured workers. As a practical matter, though, about 80% of employers do subscribe to the workers’ compensation system. Some large employers, such as Walmart and Amazon, opt out of work comp, choosing to be self-insured. If your employer participates in workers’ compensation, that will be your only recourse to recover for your losses. If your employer does not participate, you can file a personal injury lawsuit in court.
Smith emphasized that, if you suffer any type of injury at work, it’s in your best interests to immediately notify your employer and seek medical attention. You won’t be eligible for work comp benefits until you have been unable to work for at least seven days. The benefits you receive will be based on your income immediately prior to your injury, including overtime or bonuses.
Bailey & Galyen, the official law firm sponsor of the 2023 World Series champion Texas Rangers, brings more than four decades of experience to individuals and businesses in the DFW Metroplex and across the state of Texas, earning more than 5,000 five-star reviews.
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