Author
Workers’ compensation claim files can be a valuable resource for attorneys in personal injury litigation. In Texas, different than all other states, employers are not required to have workers’ compensation insurance. They can be subscribers to the Texas workers’ compensation system with its legal protections and duties. They can have an ERISA occupational injury program that can afford similar protections and duties. Or, they can “go bare,” forfeit some affirmative defenses, and be subject to the tort system.
When a worker is injured, whether the employer has workers’ compensation insurance affects who can be a defendant, the plaintiff’s financial access to medical care, and if the receives wage replacement benefits that reduce the economic need to return to a job. So, both the plaintiff and defense counsel need to know whether the injured plaintiff has workers’ compensation coverage.
The Texas Workers’ Compensation Act is administered by the Texas Department of Insurance, Division of Workers’ Compensation. If the employee has Texas statutory workers’ compensation coverage, the employer has a duty to file a notice of the injury with DWC and to notify the insurance carrier. So, there will be two claim files; a DWC file and the carrier’s file. Both claim files have information valuable to plaintiff and defense counsel, but some personal injury attorneys may not be aware how to get these files and what they contain.
James Loughlin, a partner in Stone Loughlin & Swanson has a practice devoted to workers’ compensation with many decades of experience. RPC has worked with him on several major cases. We asked him to prepare a document to inform RPC staff about workers’ compensation claim files. With his permission, we are sharing the document with you.
If you have questions, his contact information is in the document. RPC encourages the attorneys we work with on personal injury cases to obtain the DWC and carrier files for any work-related injury. They will be a great help for our vocational and life care reports.
If you have questions, his contact information is in the document. RPC encourages the attorneys we work with on personal injury cases to obtain the DWC and carrier files for any work-related injury. They will be a great help for our vocational and life care reports.
RPC is not a law firm and nothing in this email or blog post is intended as legal advice. The information and attachments are offered as general information. Readers who are not attorneys should consult their legal counsel before taking any action or using the attachments.