Common Concerns When Hurt On The Job
When you are an employee working hard for your employer, you hope that if you are hurt on the job that the company will help guide you through the recovery process. You hope that the employer sends you to healthcare providers to know how bad you are hurt, what treatment you need to get better, and what you can do in the meantime to put food on the table for your family.
Unfortunately, employers do not always have your best interests at heart.
Does Your Employer Carry Workers Compensation?
When you are injured in Texas and your employer carries workers compensation, then your case will go through the workers compensation process. Workers compensation insurance is a choice that your employer has to make. Texas is the only state in the country that makes it optional to carry workers compensation insurance.
If your employer does NOT carry workers compensation insurance in Texas, then it is called a "non-subscriber", which means that they do not subscribe to workers compensation insurance. If an employer elects not to carry workers compensation, notices must be provided to its employees so they know.
If Your Employer Carries Workers Compensation Insurance, Do You Get To Choose Your Doctors?
When your employer has workers compensation insurance and wants to send you to a doctor, you can decide to treat with a different one of your choice. You have a right to select the doctor of your choice. If you are unhappy with the doctor, selected for you, you can request a change. At the end of the day, you need to make sure that you are getting the treatment you need by the providers you trust.
What Happens In Non-Subscriber Cases?
In a non-subscriber case, the employer can accept responsibility and pay for all the damages caused to the employee while on the job. Unfortunately, a lot of times, the employers do not pay for the damages and force the employee to go to court to recover what was taken from them. In these situations, the employee now is forced to file a lawsuit against their employer.
These lawsuits require the employee to prove some that the employer could have prevented the employee's injury. After that, the employer is required to pay for the damages caused.
What Damages Can An Employee Seek From Their Employer In Non-Subscriber Cases?
In non-subscriber cases, employees have a right to pursue the same damages every one else can when safety rules are violated, such as pain, mental anguish, loss of enjoyment of life, physical impairment, disfigurement. These are the "legal terms" that really are the most important damages in any case. These damages are the true impact on a person's life. Further, an employee that lost their finger or leg on the job can also pursue the economic damages such as medical expenses in the past and future as well as their loss of earnings in the past and capacity to earn in the future. Even though any amount of money for these damages will never return the injured employee back to the life they once had, they do a lot of good to help provide them with a better quality of life than if they didn't get any assistance.
What Do You Do If You Are Injured On The Job?
If you are injured on the job, you want to make sure to immediately report it to your supervisor or employer. If there is an incident report that can be done, make sure one gets completed. Go and seek medical treatment as soon as possible if you are in pain and hurting. You want to make sure that you do the best you can to follow all doctor's orders and be honest about what is going on. Some injuries may not show up for days, weeks, or months. A good example is a brain injury.
Do You Sign The Forms Provided To You?
Make sure you are very careful about the forms that are put in front of you by your employers. Non-subscriber companies will typically offer some instant cash in exchange for signing forms. Those forms happen to be a waiver of your rights to pursue anything against them. Then, if they send you back on your job and you are fired because you cannot perform your job responsibilities, you will likely not have a claim because you waived it in those forms.
The biggest caution I can give is to read the forms they put in front of you. If you have any questions at all about those forms, then make sure to read them or ask an experienced trial attorney about them. It is better to be informed about what you are signing than sign away your legal rights.
If You Have Questions, Ask So You Can Know
Here at The Button Law Firm, we always want to keep you informed of your rights. In these non-subscriber cases, it is especially important because it is so easy to waive your rights without even knowing it. A simple call or email for information on any claim is safe for you. We can be a great resource for you in these cases.We represent injured individuals all throughout Texas. Specifically, we see a lot of these cases in Dallas, Midland/Odessa, Pecas, Marshall, and Houston. If you have any questions after being injured on the job, we are here for you.