QUESTION

I was hurt on the job and they dont have workmans comp. they told me I am SOL.

Asked on Aug 28th, 2015 on Personal Injury - Texas
More details to this question:
this is actually on behalf of a friend that I am helping out. she fell and hurt her knee really bad at her job. she is 18 years old and had no medical insurance. they told her oh well. she would have to pay for it on her own. she has started to rack up medical bills starting with a $2500 ambulance bill. she needs physical therapy and bed rest but since she has bills to pay she had to come back to work hurt. she doesn't know what to do. I told her I would help her out. people have told her to sue..but she doesn't know where to go. and she still needs medical attention and they told her to go apply for Medicaid. so any advice you can offer is appreciated and she ready to do what ever. she'd probably like to get a lawyer asap!
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1 ANSWER

Animal Attacks Attorney serving Dallas, TX at Robert C. Slim Law Firm, PLLC
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If you are injured on the job, there are two types of claims:  A "subscriber" claim and a "nonsubscriber" claim. An employer is a "subscriber" if they participate in the Texas Workers Compensation Act.  That means that they chose to carry worker compensation insurance or otherwise provide benefits in compliance with the Act.  If the employer is a subscriber, then the injured employee is entitled to benefits for injuries received while working in the course of employment.  The employee does not have to prove that the employer was at fault in causing the injury. Then there are employers who are "nonsubscribers."  This means that the employer chooses not to carry worker compensation insurance or otherwise chooses not to provide benefits in compliance with the Act.  Work injuries in these types of cases are handled just like all other personal injury cases.  That is, the injured employee must show, not only that she was injured on the job, but that the employer was negligent or otherwise responsible for causing the injury.  If the employee can prove negligence, then the employee would be entitled to recover any all damages recoverable for a personal injury case.  This would include medical bills, lost wages, pain and suffering, mental anguish, impairment, etc.  Additionally, the employer loses their defense of contributory negligence.  That means that the employer cannot reduce their liability by showing that the employee was partially at-fault in causing the accident.
Answered on Aug 31st, 2015 at 10:54 AM

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