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Workers’ Injury Compensation in Texas

Workers’ compensation in the case of injuries and diseases resulting from performing work tasks is the principal challenge of a state’s policies. In this regard, Texas is in the least privileged position since not all of the state’s employees are covered by compensation regulations (Szymendera, 2016). However, the situation is gradually improving due to the development of a two-step workers’ compensation plan facilitating the resolution of disputes in the workplace (Texas Department of Insurance, 2016). The state’s efforts are insufficient to resolve the issue in a short period entirely, but the measures taken for the benefit of injured workers allow for an individual approach.

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The Need for the Dispute Process

The first and most important perceived benefit of the dispute process in Texas is the inclusion of numerous factors accompanying each case in order to offer timely and proper compensation. Such factors are the type of injury, the time required for a full recovery, and the impairment rating (Texas Department of Insurance, 2016). They are complicated by typical issues deriving from the lack of individualization in considering the situations of workers. Hence, an individual approach would allow organizations to comply with the Federal government’s outlines (FindLaw, 2016). In this way, the dispute process is needed for the provision of proper compensation to injured workers.

The second benefit is the long-term consequences of the state’s compensation policies. They primarily relate to the increase in insured workers’ number and compliance with the corresponding legislation (Texas Department of Insurance, 2019). Hence, the observance of workers’ rights will allow creating a safe environment in the workplace and providing suitable high-quality medical care services in the case of injuries (Texas Department of Insurance, 2019). The benefits mentioned above add to the need for the dispute process and its regulation by companies in accordance with local legislation. Therefore, the establishment of specific dispute procedures is critical for ensuring workers’ rights and their treatment.

Common Causes of Disputing the Compensation

The issues related to workers’ monetary awards in the case of injuries or diseases are complex since they include various participants. Hence, the interests of employees, employers, and third parties should be considered equally (FindLaw, 2016). Failure to address them leads to disputing the compensation, and it represents the principal cause for the emergence of problems. It is clear that workers’ rights in such situations are priority considerations as they are the injured party. However, the orientation on their sole interests might result in the exploitation of employers and manufacturers by them. Hence, a dispute starts when it is unclear whether the injury comes from the worker’s fault, his or her employer, or a third party such as a manufacturer of machinery used by the organization.

Workers’ compensation laws are also critical for establishing the origin of injuries and announcing the proper monetary award for workers and their families. Thus, for example, injuries received outside of work are not applicable to the case and, therefore, should not be covered by the insurance (FindLaw, 2016). Moreover, the level of benefits or compensation is influenced by the type of occupation, and the disagreement on the issue can also be a cause for the dispute (Walker, 2019). Thus, the lack of agreement between the parties on the type of work performed, the origin of the injury, or the amount of compensation are the causes of disputing started by workers.

Workers’ Rights and Responsibilities During Disputes

In the process of disputing, it is vital to consider the principal workers’ rights and responsibilities in order to provide the required degree of assistance, both medical and monetary. The primary rights relate to the proper compensation depending on the type of injury or disease. For this, it is vital to define whether the injury was intentional or not and if it happened in the workplace or at the time of off-duty activities (FindLaw, 2016). As for medical care services, a worker has a right to choose a qualified doctor in the state where he or she works in agreement with the employer (Texas Department of Insurance, 2019). Hence, all of the injured employees’ rights related to medical and financial assistance.

As for responsibilities, they include the necessity to immediately inform the employer and other parties engaged in the matter of the injury. It is critical for establishing the time and place of the case in order to classify it as a work injury (Texas Department of Insurance, 2019). All further measures, including the treatment and all expenses related to the occurrence, should also be reported to the employer (Texas Department of Insurance, 2019). Hence, the responsibility of a worker is to inform the company of all the details relating to the injury.

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The Root Cause of Disputes

The causes of disputes over the compensation and other types of assistance for injured employees given above derive from the problems in communication between the parties engaged in the matter. In the case of injury, a suitable solution for the worker can be offered only when there are no issues relating to information exchange in the organization. Thus, for example, the inability of a worker to efficiently communicate with the employer and direct appeal to a third party, such as a manufacturer of the equipment, can be the root cause for further dispute on the topic (FindLaw, 2016). In this case, the examination by the worker’s compensation committee can help to find a solution from the legal point of view (George & Walls, 2019). Hence, disputes over injuries in the workplace originate from problematic communication.

Disputes and Claim Management Processes

Claim management processes are directly connected to disputes resulting from injuries in the workplace. The link between them is defined by insurance claims of workers that need medical and financial assistance (Texas Department of Insurance, 2019). The effectiveness of these processes or the lack of thereof is reflected in the frequency of emerging disputes in the organization. The ability of an employer to successfully communicate with its employees and address their needs, in turn, indicates the proper management of various claims set by them. Therefore, the dispute process is a critical part of the company’s claim management as a whole.

Conclusion

The dispute processes in the companies in Texas imply specific benefits for both employers and their employees. The relatively new program developed by the state can significantly improve the overall management of human resources and facilitate the mechanism of receiving suitable compensation in the case of injuries and diseases. The advantages of a dispute process are the inclusion of various factors and an individual approach to each situation. Moreover, its use will allow revealing the existing communication problems between employers and employees and thereby benefit the organization by promoting the connection between workers at different levels. Thus, the inclusion of dispute processes in the activities of companies in Texas is a good option in terms of improving the experience of employees with compensation.

References

FindLaw. (2016). Workers’ compensation overview. Small Business Law. Web.

George, K., & Walls, M. (2019). Workers’ comp issues to watch in 2019. ITL. Web.

Szymendera, S. D. (2016). Workers’ compensation: Overview and issues. Digital Commons. Web.

Texas Department of Insurance. (2016). New Texas’ two-step’ program aims to simplify worker’ comp disputes. Insurance Journal. Web.

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Texas Department of Insurance. (2019). New Texas workers’ comp laws were highlighted by the insurance department. Insurance Journal. Web.

Walker, K. (2019). Workers’ compensation trends: Forces changing the face of the market. Willis Towers Watson. Web.

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StudyCorgi. (2022, March 3). Workers’ Injury Compensation in Texas. Retrieved from https://studycorgi.com/workers-injury-compensation-in-texas/

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