Legal Question in Personal Injury in Texas
Injured at work
I had a non work related back injury and had surgery in 1/30/01. After recovery I went back to work. I was released to work my old job which is requires a lot of physical work. I reinjured my back at work. The task I was doing was one in which the safety dept. evaluated as high risk and the company should change the way the job is done. There is documentation of this. This time I had to have major back surgery, with a bone graph and rods. My left leg does not work as well as it used to and I have constant pain in it. This is a major oil company. Do I have a case?
1 Answer from Attorneys
Re: Injured at work
From what you have described of the events, it appears that you do have a case. An employer has a legal duty to provide a safe work place and adequate training for its employees, among other duties. If an employee is injured due to a breach of the employer's duty, the employee may be entitled to damages. Does your employer have worker's compensation insurance? If so, you would file a claim under your employers worker's compensation plan. If not, then you are able to file a "non-subscriber" claim against your employer. The way each of these claims are handled is markedly different.
Another issue present is your prior injury. The law allows for an injured party to recover damages for aggravation and excacerbation of a pre-existing condition or re-injury.
If you have any more questions or would like further elaboration you may call me at 214 559-6173 or write.
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