Legal Question in Personal Injury in Texas

work related injury with employer not a carrier of workers compensation

I was hurt and admitted into the emergency room with a work related injury, and the employer is not a carrier for workers compensation, and now my previous employer is refusing to pay for the bills, and I have lost my job with them because of not going into work due to me being the the emergency room, can something be done about my situation.


Asked on 5/03/07, 4:17 pm

2 Answers from Attorneys

Roger Merrill Merrill & Associates

Re: work related injury with employer not a carrier of workers compensation

If you were injured by a co-worker or by faulty equipment, then you ought to be able to make a claim. Please contact me to discuss in more detail.

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Answered on 5/03/07, 4:38 pm
Dan Street Street Law Firm

Re: work related injury with employer not a carrier of workers compensation

In Texas, no employer is required to carry workers' compensation insurance for its employees. However, if an employer does carry workers' comp, that employer is then immune from claims by its employees for injuries on the job--even if the employer or a co-employee was negligent in causing the accident. But, if an employer does not carry workers' comp, its employees can then sue the employer for injuries they receive on the job, but ONLY if the accident was a result of NEGLIGENCE on the part of the employer or a co-employee. (For instance, if you just hurt your back lifting a box, you would not be able to successfully sue your employer because your employer was not negligent in causing your injury.) To fully explore whether you have a claim or not, you need to contact a personal injury lawyer.

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Answered on 5/03/07, 5:24 pm


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