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How Does the FSLA Affect My Workers' Comp Claim?


Ideally, you should be able to go to work, do your job, and collect a fair paycheck without ever worrying about the FSLA. If you’re reading this, you probably know this is not the case. FSLA stands for the Fair Labor Standards Act, which establishes minimum wage, overtime regulations, child labor laws, and recordkeeping for Federal, State, and local governments.

If you are researching the FSLA, you may be trying to find out if you qualify as an employee. Or, you may be trying to reach the appropriate state workers’ compensation official. While Texas is the only state in the United States that does not require employers to carry workers’ comp insurance, you may be covered under federal workers’ compensation programs. You may have also seen this document in your breakroom or hiring packet. As you can see, coverage in the state of Texas varies and can be complicated. For this reason, it is a good idea to hire an attorney if you’re thinking about filing a claim.

Filing a Workers’ Comp Claim in Texas

Filing a workers’ comp claim in Texas is difficult, but not impossible. If you are injured or made ill from unsafe working conditions, you may have a claim whether or not your employer chooses to carry workers’ comp insurance. This is because dangerous conditions, such as lack of sleep or excessive overtime, may violate the FSLA, or because your employer may be shirking their legal responsibility to promote safety and security in the workplace.

Do I have a Case?

Whether you have a traditional workers’ comp claim, or need to hold an employer responsible for your work injury, meeting with an attorney is the best way to determine whether or not you have a case. The Law Office of George P. Escobedo & Associates, PLLC offers free consultations and is available by phone at (210) 807-3178.

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