Legal Question in Personal Injury in Texas

my husband got hurt at work and has been to 3 doctors who all say his injury is work related. my husband informed his boss of the situation and asked to be put on his insurance, his boss denied him. then he fired my husband for his inability to work and is now claiming he quit to avoid paying unemployment. my husband has a badly herniated disc and will require surgery. we have 2 small children, the youngest of which is blind,deaf, and partially paralized and we have a third child on the way. my husband cannot even walk now and we would like to get compensation for wrongful dismissal and medical bills. what can we do? we have no money and no income.


Asked on 9/08/09, 12:20 pm

2 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

call us...if his emploeyr had work comp insurance, he should be receiving benefits...if not, how did he hurt himself..was it thru anyone's negligence or just a bad back caused by lifting, etc..and if so, he has no basis for a claim. Wrongful dismissal is available only if e'er had work comp insurance and dismissed for that...but I fear he did not complain about the injury soon enough ..and Texas law does not help but call us Monday

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Answered on 9/13/09, 1:44 pm
Dan Street Street Law Firm

The laws in Texas are very pro-business and anti-consumer (you can thank the mostly-Republican government in Texas for that). It is unlikely he can prevail on wrongful discharge (which is practically nonexistent in Texas). I agree with Don: you need to at least explore a workers' comp claim. Don's a good attorney and does a very good job in this area, so I recommend you call him.

I'm very sorry this has happened to your family. Until we throw out the Republicans down in Austin, this will continue to happen to good people like you. Best of luck to you.

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Answered on 9/14/09, 11:20 am


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