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question on old injury - txlopes - 10-27-2011

First let me state that Im new to this forum. Here is my story. I am a working plumber in Texas and injured myself placing a water heater on a stand 8 years ago. Day after injury i was in serious pain and left work to see a doctor. I was never told by my employer (who new what caused injury) that it should be filed as a workmans comp claim and they let me handle it through my health insurance. Here I am years later and still in pain. Is there any law that protects me from the fact that my employer did not tell me to file or am I left to deal with it on my own since so much time has gone by? It just seems that since i informed them of my injury they should be liable for it being reported. If it matters I am still employed at same company.


RE: question on old injury - 1171 - 10-27-2011

in texas worker's comp coverage is optional for employers.
did your employer have comp insurance 8 yrs ago?

if they did have coverage, there maybe case law that tolls the statute of limitations. to find out if there is and whether it would apply to your case you'll have to contact an atty that specializes in workers comp.
in any event, you will need evidence that you reported the work injury to your employer or doctor.


RE: question on old injury - txlopes - 10-27-2011

yes the company had wc when it happened and i put reason for injury on paperwork at doctors office. just cant find anywhere that says company should have told me to do workmans claim only that i needed to fill out form myself. at the time of injury i thought wc was run by state and might reflect bad on my job history. i didnt know that the injury would effect me in the way that it has for all these years.