Legal Question in Workers Comp in Texas
several questions, on salary for 30 days a month, but work 50 to 65 hrs a week for same pay. I am provided housing and utilities payed for me. I have been under this arrangement for almost 5 yrs. i have asked several times about some kind of overtime, just to be blown off or ignored. the second is this, i was injured on the job in mid feb. of 2010. I notified the ownership of the incident. I knew we did not have any insurance, but at that point was told they did not have workmans comp. ins. either. I went to the emergency room like instructed. I was then instructed on which doctors to see for the injury. After a 3 minute consultation with the docter, i knew something was wrong. I personally sought out charity from the local hospital to be able to get an MRI which i was told i did not need. The mri showed damage to my right shoulder. After seeing a different doctor for the last month recieving injections, i was informed that surgery might be my only option for repair, and that it still may never be back to 100%. One of the owners has tried to help while the other refuses saying the injury was not his responsibility. The only way i can have the surgery is to apply for charity at another hospital or pay for it myself. Know i just found out the buisness might be sold. Do i have any options on either of my problems. I am 34 yrs old married with 3 young children. So i am forced to work and deal with this problem everyday.
2 Answers from Attorneys
You can make it a claim and/or sue your employer for your injuries because they do not have workers compensation and are called "non-subscribers."
DO NOT DO THIS WITHOUT A LAWYER
You should not give a statement, give access to your medical information or sign any insurance company/employer forms without speaking to a lawyer.
The insurance company/employer is not your friend and is not concerned with your 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 hoping you will get mad and go away.
I should know because I worked as a lawyer for non-subscriber employers and insurance companies for 10 years.
You may a claim to recover: (1) medical bills; (2) lost wages; (3) compensation for pain, impairment, and disfigurement.
I would be more than happy to talk with you about the accident. I can be reached at (214) 800-3454. We handle cases all over Texas, including Hondo.
Please visit www.kiplawfirm.com for free information about Texas work/construction accidents. You can also send a confidential e-mail to my website at www.kiplawfirm.com.
Sincerely,
It depends on how you were injured. If there was some negligence involved on the part of the employer, then you can sue them for your damages. We can assist you with this type of case. I am board certified in workers' compensation law by the Texas Board of Legal Specialization. Workplace injuries are our typical case. You probably also have a wage claim as you suspect.
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