• Although some provisions contained in Texas workers' compensation laws are similar to those of other states, one area where the state is different involves its commitment to assist injured workers with legal representation. The Texas Legislature created the Office of Injured Employee Counsel, an agency that seeks to protect the interests of injured workers.
  
  

Workers' Compensation Requirement

• Unlike some states that require all employers to provide workers' compensation insurance to their employees, this requirement is optional in Texas. The law does not require employers in the state to provide employees with workers' compensation insurance.
  
  Therefore, if an employer elects not to provide this benefit and an employee is injured in the workplace, the employee reserves the right to file a civil suit for the injury. Employers who choose to provide this benefit may do so by self-insuring, using a private insurance carrier or using a competitive state fund.
  
  

Choice of Physician

• Texas law allows injured employees whose employers provide workers' compensation insurance to choose their physician initially. However, the state's Worker's Compensation Commission prepares and provides the list of physicians from which an employee must choose. There are no time or monetary limits associated with medical benefits.
  
  

Attorney Fees

• The state's workers' compensation statute caps the maximum percentage of attorney fees that claimants may incur. Employees may not incur attorney fees greater than 25 percent of the recovery amount. In some cases, a court of law may include the attorney fees in the award.