Legal Question in Personal Injury in Texas

Re: injured at work

First and perhaps foremost, your question as stated, does not involve any of the otherwise applicable Texas Workers' Compensation law. If your "employer" does not have Texas Workers' Compensation coverage that provides the standard statutory Texas Workers' Compensation indemnity (income)and medical benefits, they are what is referred to as "Non-Subscribers" under the applicable law. This may be good news in that your employer, by chosing this path, has already waived ALL their common law defenses to any claim you make against them. However; the fact that your employer is in Chapter 11, creates unique problems for any Negligence suit you may be able to file against them. An analysis of their assets\liabilities and the "liability" facts of the accident would be absolutely necessary before any lawyer would recommend suing the employer for you. The potential good news for you is this "plan" you talk about your employer having? I cannot answer any questions about that "plan" without seeing the plan documents and\or the actual insurance policy underlying it. You have a right to a copy of that plan and a copy of the plan insurance policy, if one exists? If the checks you are getting (for indeminty or medical bills) are coming from an insurance company the chances are an insurance company is at the bottom of this plan.

If so, your right to future medical (and indeminity, if applicable) under that "plan" are goverened by the terms of that insurance policy and your immediate claim for those insured items is against the insurance company and not your employer. The current law (Texas Workers Comp. or otherwise) is very slanted in favor of the Insurance Carriers. You can thank the pro insurance, pro business "compassionate conservative" Republicans for these business\insurance friendly laws. According to your zip code, you live in Collin County, TX which is a Republican judicial hell hole. I suggest that you contact a capable attorney ASAP to discuss this case in detail. If you are unable to locate one, our offices here in Tyler, TX will be happy to try and help you do so.

Good luck to you.