Legal Question in Personal Injury in Texas
The Hospital was not aware of the events surrounding the stroke that occurred on the 8th of Jan. 2015 because my employer failed to report the incidents of two falls and one vehicle collision which occurred during a stroke. On January 10, 2015 increased intracranial pressure resulted and CSF drainage had occurred at approx 1030 am. Through the neglect of my employers for not reporting the incidents, what the hospital thought was a nose bleed was in fact cerebrospinal fluid. I was in so much pain that day even being administered morphine I was still suffering. No amount of nose bleed will relieve that kind of pain. Through no fault of the hospital because my employer failed to report incidents indicating possible trauma, the nurse and cleaning lady cleaned up cerebrospinal fluid that they thought was nose bleed and nothing was documented. The pain subsided after the intracranial hypotension of the left lateral ventricle indicating that a Traumatic Brain Injury had occured. March 9th, 2015 Axiom case management was notified, 2 months later, and classified this as work related whereas my employer attempted to keep this as not work related by not following established written procedures. Is this Workers Comp or Personal Injury?
1 Answer from Attorneys
If workers comp, no lawsuit against employer unless you die-comp is exclusive remedy. Then your wife can sue them, but only for punitive damages, not wages,nor medical nor pain or impairment..