Legal Question in Personal Injury in Texas
workers comp.or personal injury?
On Januray 8, 2003, I went to the restroom at my job. We work in a bank building, but not for the bank. The cleaning crew had just mopped the floor, and had not posted a ''wet floor'' sign. As soon as i stepped in, I fell. Hard on my bottom. The floor was so wet, my pants were wet on the bottom and legs. I immediately reported this to my supervisor, who said she would do an accident report the next am, which she did. My employer said they would not report this as workers comp, because it happened in a ''common area'' of the building. I ended up going to the E.R. and using my own insurance to pay. I missed quite a bit of time from work, so I called TWCC, and filed my own report. after speaking to our VP, the adjuster denied my claim, saying that I had a pre-existing back injury, and they didnt believe I hurt myself. I finally found a physical therapy DR. who would treat me on a pay later basis. What i injured was my tailbone. NOT my lower back. I have 3900.00 in physical therapy bills, and the cleaning companies insurance has passed the buck to another cleaning company, who now says its the building who is liable. Its been a year and a half. What can I do now?
3 Answers from Attorneys
Re: workers comp.or personal injury?
Hire a lawyer immediately.
Re: workers comp.or personal injury?
My suspicion is that this is going to be a personal injury matter, because the copmany refused to allow you to elect worker's comp benefits. Now for the kicker, since it has been a year and a half you have very little time to pursue a claim before the statute of limitations bars you from asserting a claim altogether. You need to retain an attorney as soon as humanly possible (read: TODAY)
Re: workers comp.or personal injury?
You potentially have two claims. The first is the Workers' Comp claim. You reported your accident within 30 days to your supervisor, and filed with the TWCC within one year. Get a lawyer who specializes in WC to help you. Even if your claim was denied at this late date, you may still dispute the claim through the TWCC. The second claim is more difficult. You may have a claim against the cleaning crew and/or the bank. As was stated in an earlier response, you don't have much time for this claim due to a two year statute of limitations. Find an attorney who handles both work comp and personal injury, or find an attorney for each one. But don't delay any more, get an attorney. You need one, NOW!
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