{"id":54592,"date":"2020-06-29T14:34:12","date_gmt":"2020-06-29T19:34:12","guid":{"rendered":"https:\/\/www.terrybryant.com\/?p=54592"},"modified":"2024-01-08T08:02:40","modified_gmt":"2024-01-08T14:02:40","slug":"can-you-collect-unemployment-if-you-are-out-of-work-due-to-an-injury","status":"publish","type":"post","link":"https:\/\/www.terrybryant.com\/collect-unemployment-out-of-work-injury","title":{"rendered":"Can You Collect Unemployment in Texas if You Are Out of Work Due to an Injury?"},"content":{"rendered":"

The general answer to this question is \u201cno.\u201d To collect unemployment benefits in Texas, you must be physically able and available to work. In other words, you will be expected to actively look for work. You will also be expected to accept work if offered when you are on unemployment. However, the reality is that if your injury leaves you unable to work, you would not be able to take a job if offered to you.<\/p>

<\/div>\n

There are some limited exceptions to this hard-and-fast rule. If your injury left you disabled and out of work, but you would be able to work in a different job with \u201creasonable accommodations,\u201d you might be able to collect unemployment insurance while seeking another job. Reasonable accommodations is a term that refers to when an employer adjusts the position or working environment in some way for an employee. Some examples of reasonable accommodations include making physical changes to the workspace, such as adding a ramp, modifying working hours, or providing an ergonomic workstation.<\/p>\n

Can You Collect Unemployment in Texas if You Are Out of Work for Medical Reasons Other than Injury?<\/h2>\n

If you are out of work in Texas due to illness rather than injury, precisely due to COVID-19, you may be able to collect unemployment. With the passage of the Coronavirus Aid, Relief, and Economic Security (CARES) Act by Congress, unemployment law changed. People who cannot work because they were diagnosed with COVID-19 or who are experiencing symptoms of the virus are eligible to collect unemployment benefits during the pandemic. Visit the Texas Workforce Commission website for more information on how to apply.<\/p>\n

What Happens if You Can\u2019t Work Due to an Injury that Happened On the Job?<\/h2>\n

It is always distressing to not be able to work and feed your family. It can be even more so when the injury that left you disabled happened at your job. What happens if you can\u2019t work due to an injury you suffered at work? If you were injured in a job-related accident or incident, you might be able to get medical care and compensation if your employer carries workers\u2019 compensation insurance. Workers\u2019 compensation insurance (often referred to as \u201cworkers\u2019 comp\u201d) pays a percentage of weekly wages to employees who suffer injuries at work or related to their work. The insurance also pays medical expenses. However, if your employer does not carry workers\u2019 comp, you can\u2019t get benefits.<\/p>\n

Employers in Texas Don\u2019t Have to Carry Workers\u2019 Comp.<\/h3>\n

Unlike most other states, employers in Texas are not required to carry workers\u2019 compensation insurance for their employees. Even so, the majority of employers in the state carry it. If you\u2019ve been injured on the job, ask your supervisor or human resources department whether the company provides workers\u2019 comp. When an employer provides workers\u2019 comp, employees cannot sue their employer for on-the-job injuries. Workers\u2019 compensation insurance is the exclusive remedy.<\/p>\n

If an Employer Does Not Provide Workers\u2019 Comp They Can Be Sued.<\/h3>\n

Texas employers who choose not to provide workers\u2019 compensation insurance to employees leave themselves open to lawsuits. Workers can sue their employers through the courts to get compensation for their work-related injuries. To successfully bring a lawsuit, you must show that the employer\u2019s negligence caused your injury.<\/p>\n

Speak With a Texas Workers\u2019 Comp Attorney if You Aren\u2019t Sure About Your Options for Compensation.<\/h3>\n

If your injury happened at work and you aren\u2019t sure about your options for compensation, it can be smart to speak with an on-the-job injury lawyer<\/a> at Terry Bryant for assistance. Our lawyers can help you file for benefits if your employer carries workers\u2019 comp and can handle your appeal if your initial claim is denied. It isn\u2019t unusual for employers and their insurance companies to look for reasons to try to deny these benefits to injured workers. It\u2019s important to remember that if your employer carries workers\u2019 comp and you are injured, you are entitled to coverage in most cases.<\/p>\n

And if your employer does not carry workers\u2019 comp, the attorneys at the Terry Bryant law firm can advise you about filing a potential legal claim against your employer to get fair compensation for your on-the-job injuries. Call our Houston law firm at 713-973-8888 or toll-free 1 (800) 444-5000 for a free consultation.<\/p>\n

What Happens if You Can\u2019t Return to Work After an Injury that Isn\u2019t Job-Related?<\/h2>\n

The answer to this question depends on a couple of things. One of them is whether your injury is short-term or long-term. Texas does not provide for short-term disability coverage through the state. But if you have purchased a private short-term disability insurance policy or your employer provides it, you can file for benefits to cover the time off work due to your short-term injuries.<\/p>\n

If you have an injury that is expected to leave you unable to work for a year or more, you may be able to get long-term disability benefits through Social Security. There are two types of benefits:<\/p>\n

\u2022\tSocial Security Disability Insurance (SSDI) \u2013 SSDI is for people who have worked and paid into Social Security.
\n\u2022\tSupplemental Security Income (SSI) \u2013 SSI is for disabled, elderly, or blind people with minimal income and resources.<\/p>\n

You can visit the Social Security Administration<\/a> for more information on these programs.<\/p>\n

You Aren\u2019t Alone \u2014 Our Experienced Houston Attorneys Can Explain Your Compensation Options When You Can\u2019t Work Due to Injury.<\/h2>\n

Being injured and unable to work is both physically and emotionally hard. You may wonder how you will pay your monthly bills. When you have medical expenses on top of everything else, it can be devastating. And since, in most cases, you can\u2019t get unemployment if you are injured and can\u2019t work, you will need to explore your other options. Our skilled lawyers at Terry Bryant are here for you.<\/p>\n

If you have short-term disability insurance, but the provider denies your claim, we will fight for your right to coverage. If you have a long-term injury, we\u2019ll help you navigate the complicated Social Security filing process. And if you have suffered a work-related injury, we can help you file your workers\u2019 comp claim and appeal it if denied. Or if your employer doesn\u2019t provide workers\u2019 comp, we will advise you about a legal suit. Get in touch with our experienced Houston attorneys at the Terry Bryant law firm by calling 713-973-8888 or toll-free 1 (800) 444-5000 for a free, no-obligation consultation.<\/p>\n","protected":false},"excerpt":{"rendered":"

The general answer to this question is \u201cno.\u201d To collect unemployment benefits in Texas, you must be physically able and available to work. In other words, you will be expected to actively look for work. You will also be expected to accept work if offered when you are on unemployment. However, the reality is that […]<\/p>\n","protected":false},"author":3,"featured_media":39836,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[70],"tags":[],"class_list":["post-54592","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-workers-compensation","entry"],"acf":[],"yoast_head":"\nCan You Collect Unemployment If You Are Out Of Work Due To An Injury?<\/title>\n<meta name=\"description\" content=\"Can you collect unemployment if you are out of work due to an injury in Texas? 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