Legal Question in Workers Comp in Texas

I tripped and fell tearing my rotator cuff at work. Diagnosis was Full-thckness tearing and possible bisep tendon dislocation from joint. I am using my group insurance for treatment. Surgery is needed. My employer wants me to use my group insurance. Can I later file workers compensation for a settlement if needed?


Asked on 1/12/11, 8:58 am

2 Answers from Attorneys

Dan Kirby Law Office of Dan Kirby

No, you have to report it and the employer has to set up a worker's comp file. It doesn't matter if you have group insurance. You may have a third party claim depending on what happened.

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Answered on 1/17/11, 9:01 am
Jason Kipness Kipness Law Firm

I agree with first lawyer. If your employer does not have workers compensation and is a non-subscriber, then call a lawyer ASAP.

There may be no workers compensation insurance and that is why your employer wants you to put on your health insurance.

For more information, visit www.kiplawfirm.com

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Answered on 1/17/11, 9:27 am


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