Legal Question in Personal Injury in Texas
my son was hurt on the job working at sonic drive-in. he asked about applying for
workers comp for help because he needed surgery to fix his knee. the manager laughed at him and told him good luck. he had to have knee surgery for a torn meniscus.
is sonic liable for his injury...and/or does texas have a workmen's comp law in place to help and protect my son with his injury?
Thank You!
Sincerely,
Carl Mohr
2 Answers from Attorneys
It depends if the employer carries workers compensation or is a "non-subscriber" to the Texas Workers Compensation Act and instead has an occupational injury benefit plan.
You may contact Texas Division of Workers Compensation at (800) 252-7031 to find out if the employer does or does not carry workers compensation. You will need name of employer as stated on paycheck and date of accident. If there is workers compensation coverage, call the Texas Division of Workers Compensation again and find out how to obtain Form DWC 41, which must be completed to file a workers compensation claim.
If there is no workers compensation, have your son contact a personal injury attorney ASAP.
If there is an occupational injury benefit plan, your son may have a personal injury claim to assert against his employer for medical bills; lost wages, future medical care; pain, disfigurement and impairment. He must show the employer failed to provide him with a safe workplace.
Your son should not give access to his medical records or sign any employer or insurance company documents without speaking to a Texas personal injury attorney.
For more free information on Texas work injury claims, click on:
http://www.kiplawfirm.com/texas-law/dallas-construction-work-accidents-faqs.php
You may also send a confidential e-mail to my website or call (214) 800-3454.
Sincerely,
We handle work comp claims but NO Texas is the only state in the 50 states that does NOT require workers compensation insurance....hence, if Sonic does not have work comp, then he will have to prove that Sonice was negligent and caused his injury..if it has work comp, he must apply thru work comp and get benefits...as noted, call the Division of work comp or call us.for help