Legal Question in Workers Comp in Texas
My husband was in a work vehicle when a woman ran a stop sign,hit the truck twice, and then the truck hit an electrical pole. My husband could not stand up,because he hurt his back, and couldn't feel his legs. The company insisted on taking him to "their" specialist, in a work vehicle. He was finally taken,at least an hour later to a town two hours away. The doctor saw something on the spine missing,but didn't "think" it was a fracture. I requested an MRI,and he refused. We were told if we wanted one,we would have to find someone to do it, and they would not pay for it. He was given a prescription,which we have yet to see. It was four days ago. The doctor released him to go to work the same day with no restrictions. He couldn't even stand! What do we do? Should the woman who caused the accident pay,or the company? I just want my husbands injury to be properly treated.
2 Answers from Attorneys
Our firm handles work comp cases..and his company's work comp insurer should pay meds and weekly benefits..BUT Texas is the only state which let's employers out of carrying work comp...so call us and we will see if he should be paid now..Further, the insurer for the woman will only be required to pay after a judgment..but call us and we will see if they may pay promptly...Also..if he has work comp insurance..you can choose your own doctor..so find out now..my cell is 972 839 4495
Your husband can make it a claim against the other driver 's insurance and should be receiving workers compensation benefits, which includes payment of medical bills and replacement of wages. If your husband's employer does not carry workers compensation, they could be sued for personal injury damages.
DO NOT DO THIS WITHOUT A LAWYER
Your husband should not give a statement, give access to your medical information or sign any insurance company forms without speaking to a lawyer.
The insurance company is not your friend and is not concerned with your husband's injuries and pain.
Their goal is to make $ by paying as little as possible on the claim. They will frustrate you by delaying payment, giving you a low offer, or denying claim/medical treatment hoping you will get mad and go away.
I should know because I worked as a lawyer for insurance companies for 10 years.
He may make a claim to recover: (1) medical bills; (2) lost wages; (3) compensation for pain, impairment, and disfigurement.
I would be more than happy to meet with your husband about the accident. I can be reached at (214) 800-3454. Our office handles cases all over Texas, including Synder.
Please visit the link below for free information about Texas car accidents and work injury claims.
You can also send a confidential e-mail to my website at http://www.kiplawfirm.com.
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