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Does this fall under workers comp.?
#1
I was hurt at work with a door being slammed into my back by another employee, Not intentionally of course. It is very swolen and extremly painful. The pain is shooting down my arm into the palm of my hand which is what worries me. I went to work the very next day and ended up going home early because it was hurting. I have not seen a doctor yet because I didn't know what to do. My employers say that this is not their fault and they are refusing to give me benefits. Is that covered and what should I do?
Dallas, TX

Thank you everyone for your responses!! I really appriciate it! xoxo
 
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#2
I dont know about Texas but in WI WC is a no fault system. I would say if you were at work and on the clock you should be covered. You did not say if you were injured and what was your injuries? Did you go to see a DR? Are you still working?....

Someone that knows a whole lot more then me should be on and they might be able to help. Please give a little more info....
 
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#3
In Texas, WC coverage is optional.

If you need to be seen by a dr.. Tell the dr. what happened and where it happened (work). Then contact your local WC office and ask to speak with an Obudsman. Thay will be able to help you. You can file a WC claim through that office.

Someone else should be by latter, with more info.

Take Care
8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. After going back to school, I received my degree as a mechanical engineer. What can I say, it was the only way I had to beat the system. 
 
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#4
yes the employer is responsible whether they have comp or not.
find out if they have coverage
https://txcomp.tdi.state.tx.us/TXCOMPWeb...ackCache=Y
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#5
Sorry but I want to ask this question. If in Texas they don't have to have WC coverage and the employer is still responsible, how does that work? If they don't have WC but are paying the bills, how does it work for settlements? Like if you have a percent of disablity does it still work out like if the had WC coverage? Or do you have to sue the company in the end to get some kind of settlement?
 
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#6
Manley2 Wrote:Sorry but I want to ask this question. If in Texas they don't have to have WC coverage and the employer is still responsible, how does that work? If they don't have WC but are paying the bills, how does it work for settlements? Like if you have a percent of disablity does it still work out like if the had WC coverage? Or do you have to sue the company in the end to get some kind of settlement?

I just called the customer service number given on this site and the lady I spoke with said if they do not have workers comp insurance after I go to the doctor I would have to get a lawyer. Great!
 
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#7
manley:
the employer can provide other benefits thru various health and disability plans or nothing at all.
Those without comp coverage have to use the civil court system to handle disputes.
employers without comp coverage have to clearly post a notice to that effect and inform new employees in writing.
http://www.tdi.state.tx.us/pubs/factshee...veremp.pdf

non-covered employers can be sued for pain and suffering and all standard civil liability type issues. there is no limit to the recovery amount.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#8
while its a bigger pain to get inital care and would involve getting a lawyer, it opens up the possibility for expotentially more settlement options.
 
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#9
yes....WC does not pay for pain & suffering

Lilly
Injured worker, & tired of it all! I'm too old for games!!

A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless!
 
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#10
I was thinking maybe there would be a better chance of getting the money an injuried work should. Because I'm sorry but injuried employees should be able to receive pain and suffering. They say WC is suppose to cover wage loss but it never will cover it for me. The laws are set up for the companies and I doubt it will ever change.
 
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