Legal Question in Personal Injury in Texas
My son was injured hanging Christmas lights. This is not his normal job duty and fell off the house roof. The employer has no workers comp. for his 1099 employees and will not pay for doctors. He injured his ankle and was told by the ER and a doctor that he needed to see a specialist. The specialist will not see him because it was an employment injury and there is no workers comp. info to give them. I cannot afford the medical bills. It is feared he may never be able to participate in any type of activity again. He can walk but not the same. I contacted a Personal Injury Attorney, he was supposed to make sure the employer truly didn't have workers comp ins. (I guess because they will lie and tell you they don't) and then contact us. That was 3 weeks ago and I have called the attorney with no return phone call. I definately will not recommend him to anyone, but my question is who do I contact in the North Dallas area that is reputable and would be willing to help us. The accident occured 1 week before Christmas and to date he still has not seen a specialist to see what needs to be done. He can not get any job that involves physical labor because of his ankle and this is the only type of work he knows how to do. So basically he's not able to find work right now. Surely he must have some sort of case where his employer would have to at least pay his medical bills??? Loss of wages, pain and suffering would be nice also but at this point I'm just concerned about him being able to walk correctly again. He's only 22 and I don't want him with a disability because of someone elses neglect.
Thank you for any responses.
2 Answers from Attorneys
State Bar rules prevent lawyers from giving advice to persons when they are represented by counsel unless their lawyer gives his consent to allow the communication. I can, however, make general comments about the law. Unless an employer does or fails to do something which contributes to an employee's accident, then the only possible remedies that I can think of when an employee is working on a house are through: (1) worker's compensation or some other employment benefit relating to injuries or, perhaps, (2) making a claim against the homeowner's policy. When an employer claims he has no insurance and is not responsible for the accident, then most lawyers will decline to take such cases due to the low probability of profit.
Contact other personal injury attorneys. There may be a claim against the homeowner or the employer.
For free information about Dallas workplace injuries, visit http://www.kiplawfirm.com or send confidential e-mail to this website.
Jason
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