Legal Question in Personal Injury in Texas
Injury at work- no longer working for co....
Towards the end of January my back began to hurt me and I noticed that the pain was severe when I was at work. I was a data entry clerk and towards the end of January when I began to have back pain was when my employer changed me to a much smaller desk (about a size 4x2 cubicle) and in order to be able to do my paperwork and type I had to push my keyboard up against my monitor (flat screen monitor). I am a short girl, my arms are not long so in order to reach my keyboard I had to stretch my arms out, therefore I was not ever able to sit back on the chair while I did my work. I asked my boss about 3 times if he could have keyboard trays installed underneath my desk and each time he just blew me off. He said he would look into it but never gave me an answer. Needless to say, I dont work there anymore as of the beginning of March. They did not terminate me, I quit for other reasons (not related to my back pain). So my question is, if I go to a doctor (which I can't currently because I have no insurance) and he says it is work related, would i be able to file workmans comp or is that company off the hooks since i don't work there anymore? Appreciate any help... thank you.
1 Answer from Attorneys
Re: Injury at work- no longer working for co....
if it is provable that the injury occurred in the course and scope of employment for your former employer and they had workers comp insurance you would be entitled to make an on the job injury claim even though you no longer work for that company.
you should obtain an "employee notice of injury" form from the texas workers compensation commission (you can download the form from their web site, just google "texas workers compensation commission") and file it with the commission. i would do this first as you are trying to get in to see a doctor.
good luck, bill featherston
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