Understanding Workers’ Compensation Insurance for Small Businesses

As a small business owner, you are responsible for the safety and well-being of your employees. No matter how careful you are, workplace accidents can and will happen, and it’s important to have workers’ compensation insurance to protect your business and your employees.

Workers’ compensation insurance is a specific type of insurance that provides coverage and benefits to employees who suffer injuries or illnesses while on the job. The policy is designed to help employees cover medical expenses, lost wages, and rehabilitation costs following a work-related injury or illness. Additionally, this insurance protects your business against potential workplace injury lawsuits.

Here’s what you need to know about workers’ compensation insurance for small businesses:

Who needs workers' compensation insurance?

If you own a small business in Texas, you are not required to have employee workers’ compensation insurance. However, if your business has a contract with a government office, you must provide workers’ compensation coverage for the employees working on that project. Additionally, some contractors may require their subcontractors and independent contractors to have workers’ compensation insurance. It is highly recommended to consider having workers’ compensation insurance even if you have only one employee. This helps protect your business and your employees in case of workplace injuries or accidents.

What is required by Texas law?

  • All employers, with or without workers’ compensation insurance coverage, must comply with reporting and notification requirements under the Texas Workers’ Compensation Act.
  • If an employer provides workers’ compensation insurance, they must provide reimbursement for medical expenses and a portion of lost wages due to a work-related injury, disease, or illness. Benefits are available only if the employer subscribes to workers’ compensation insurance or is self-insured. The injury or illness must be reported to the employer within 30 days.
  • If an employer provides workers’ compensation insurance, they must provide death benefits to a legal beneficiary of a worker who is killed in an on-the-job injury.
  • Time frames and the percentages of wages are defined for each type of benefit: temporary, impairment, supplemental, and lifetime income benefits.
  • Provide a system of handling disputes regarding a work-related injury or illness.

How does workers' compensation insurance work?

Workers’ compensation insurance works by providing coverage and benefits to employees who suffer injuries or illnesses while on the job. If an employee is injured on the job, they can file a claim with their employer’s workers’ compensation insurance provider. The insurance company will investigate the claim and determine if the injury is work-related. If the injury is work-related, the insurance company will pay for the employee’s medical expenses and lost wages. The specific benefits an injured worker is entitled to depend on the circumstances of the injury or illness and are structured by workers’ compensation insurance. These benefits can include medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, and death benefits.

What are the benefits of workers' compensation insurance?

Depending on the circumstances of the injury or illness, injured workers are entitled to specific benefits as structured by workers’ compensation insurance. There are several types of workers’ compensation benefits available to injured workers, including medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, and death benefits.  Injured workers may be entitled to one or more of these benefits.

Income benefits replace some of the money you lost because of your work-related injury or illness. (except for impairment income benefits). Types of income benefits include:

      • Temporary Income Benefits (TIBs) are Texas workers’ compensation benefits paid to injured workers who cannot work.  These benefits are a replacement for lost wages.  When a work injury prevents you from being able to work, that is called disability in the workers’ comp system.  Even if you can work light duty but earn less than your regular pre-injury wages, you have a disability.  Anyone with a disability is owed benefits.
      • Employees who have a work-related injury or illness that affects their body as a whole may get Impairment Income Benefits (IIBs) based on an impairment rating given by a healthcare provider. The amount of IIBs is calculated based on the percentage of permanent damage done to the body. The exam for the impairment rating generally happens once an injured employee reaches maximum medical improvement (MMI). The benefits are calculated based on the average weekly wage, and the insurance adjuster is required to pay 70% of the AWW for each week that IIBs are owed. The minimum rate for these benefits is $151.00, and the maximum is $705.00. Any employee with permanent impairment is entitled to these benefits.
    • Supplemental income benefits (SIBs)
      • Supplemental Income Benefits (SIBs) are paid monthly by the insurance carrier after Impairment Income Benefits (IIBs) have ended. Employees with an impairment rating of 15% or more, who have not returned to work or have earned less than 80% of the average weekly wage due to injury, can qualify for SIBs. They must also show they are looking for work and not accept a lump sum payment for their injury.
    • Lifetime income benefits (LIBs)
  • Employees are entitled to lifelong benefits in the event of certain permanent disabilities. These disabilities include total and permanent loss of sight in both eyes, loss of both feet at or above the ankle, loss of both hands at or above the wrist, loss of one foot at or above the ankle and one hand at or above the wrist, injury to the spine causing permanent and complete paralysis, physically traumatic brain injury resulting in a permanent neurocognitive disorder, third-degree burns that cover at least 40% of the body, third-degree burns covering the majority of both hands, one hand and one foot, or one hand, one foot and the face. 
    • Under the Texas Workers’ Compensation Act, if an employee dies due to a work-related injury, the employer’s insurance company is required to pay death benefits to all legal and eligible beneficiaries. The most common beneficiary is the spouse of the worker. In this blog post, we will provide you with all the necessary information to help you collect death benefits if you are the spouse of an employee who died on the job.
    • The death benefits paid by the insurance company are equal to 75% of the employee’s average weekly wages before the unfortunate incident. These benefits are usually paid by check and sent out on a weekly basis. Employees can also elect to receive the benefits on a monthly basis, you can discuss this option with the insurance company and reach an agreement accordingly.
  • Medical benefits 
    • Medical benefits cover necessary medical care for work-related injuries or illnesses.
  • Death & Burial Benefits 
    • Death benefits are available to the beneficiaries of an employee who dies due to a work-related illness or injury. The beneficiaries include surviving spouse, children, grandchildren, dependent family members, and non-dependent parents. A legal beneficiary can receive death benefits from the day after the employee’s death. Death benefits amount to 75% of the deceased employee’s average weekly wage, and there are minimum and maximum limits. The spouse can receive benefits for the rest of their life unless they remarry, while children can receive benefits up to age 18, or 25 if enrolled in an accredited college. Other dependent family members can also receive benefits, but there is a time limit for each dependent. To file a claim, a DWC Form-042 must be submitted within one year of the employee’s death.
    • Burial benefits pay for some of an employee’s funeral expenses to the person who paid those expenses.

What types of injuries are covered by workers' compensation insurance,
and which ones are not?

Workers’ compensation insurance covers a wide range of workplace injuries and illnesses, including:

 

  • Slip and fall accidents.
  • Repetitive motion injuries, such as carpal tunnel syndrome
  • Burns and lacerations
  • Exposure to hazardous materials
  • Musculoskeletal injuries, such as back strains and sprains
  • Occupational diseases, such as lung disease or hearing loss

 

Workers’ compensation insurance will not cover the costs if employees:

  • Intentionally caused their own injuries.
  • Were injured while playing around or while intoxicated.
  • Were injured outside work or while voluntarily participating in an off-duty sports or social event.
  • Were injured by someone else for personal reasons not related to the job.
  • Were injured by an “act of God,” like a flood or hurricane, unless the job had a high exposure to these types of events.

TDI’s Division of Workers’ Compensation (DWC) regulates workers’ compensation in Texas.

How can you prevent workplace injuries?

Preventing workplace injuries is essential to keeping employees safe and reducing workers’ compensation insurance costs. Here are some tips for preventing workplace injuries:

 

  • Train your employees on safety procedures and provide the necessary safety equipment.
  • Keep your workplace clean and free of hazards.
  • https://keencoverage.com/contact-us/Regularly inspect equipment and machinery to ensure they are working correctly.
  • Encourage your employees to report any safety concerns or hazards they notice.

Workers’ compensation insurance is essential to any small business’ insurance coverage. It protects your business and employees in case of a workplace injury or illness. If you need help finding the right insurance policy for your business, contact Keen Coverage.

How much does workers' compensation insurance cost?

The cost of workers’ compensation insurance can vary depending on several factors, such as the size of your business, the type of work your employees do, and your previous claims history. If you want to get an accurate estimate of the workers’ compensation insurance costs for your business, contact Keen Coverage today and receive an accurate quote for your small business!

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