Legal Question in Workers Comp in Texas

workers compensation

I was in my comany vehicle going to work and coupe of minutes before I was supposed to be at work a illegal immigrant crossed the double yellow line and hit me head on and crushed both of my legs and ankles. I am actually a supervisor and I am on call 24 hour. I was denied workers compensation do I have a chance of getting this. thank you


Asked on 3/12/09, 8:40 pm

5 Answers from Attorneys

Michelle Wan Thomas & Wan

Re: workers compensation

Do you know the reason you were denied WC coverage? From your description, since you were going to work, that is, not actually at work or going to a call, you were probably not considered "in the course and scope of work." However, if you were in a company car, your company should have insurance on the car, and most importantly should have "uninsured/underinsured" coverage which allows you to file a claim or lawsuit against your company's own auto insurance since you were hit by someone, I am assuming, who had no insurance and/or drove off. If you want to talk further about this, feel free to give me a call or email. We handle auto insurance lawsuits frequently.

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Answered on 3/13/09, 9:52 am
Donald McLeaish McLeaish&Associates;, P.C.

Re: workers compensation

You were probably deneid because you were not in course and scope, but we would be happy to review your case. Even "illegal" immigants drive cars which are insured, and your car and you personally probably have uninsured or under insured motorist coverage..call us and we will help.

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Answered on 3/13/09, 10:19 am
Donald McLeaish McLeaish&Associates;, P.C.

Re: workers compensation

You were probably deneid because you were not in course and scope, but we would be happy to review your case. Even "illegal" immigants drive cars which are insured, and your car and you personally probably have uninsured or under insured motorist coverage..call us and we will help.

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Answered on 3/13/09, 10:20 am
Michelle Wan Thomas & Wan

Re: workers compensation

Additionally, if you have uninsured/underinsured coverage on your own car, you may be able to make a claim on that policy. Essentially, you may have three sources of coverage: (1) if the illegal immigrant has insurance (but it sounds like he didn't); (2) your company car insurance policy; and (3) your own car insurance policy. You need to be careful, however, because you don't want to settle with one insurance policy without notifying the other policies or else you may lose the ability to make a claim. It's best to consult with a lawyer who has dealt with insurance companies and multiple policies.

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Answered on 3/13/09, 1:43 pm
Matthew Lewis Booker & Lewis, P.C.

Re: workers compensation

You may still be entitled to workers' comp, depending on the circumstances. We would need to discuss that in detail before I could give you a good answer. There are exceptions to the "going and coming rule." You may review www.dallasworkcomp.com for additional information as well.

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Answered on 3/13/09, 2:47 pm


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