Not All Workers Comp Policies Are The Same In Texas
A personal injury claim is a claim for injuries sustained due to the negligence of another person or entity. This entitles a person to recover money for medical bills (present and future), lost income, loss of future earning capacity, property damage costs for either repairing or replacing any damaged property such as vehicles, and additional compensation for pain and suffering, the loss of enjoyment of life.
The major difference between a work comp claim and a personal injury claim is the ability to obtain what are known as “general damages” in a personal injury claim. General damages are not awardable in a workers compensation claim. These “general damages” include the economic value associated with pain, discomfort, mental and emotional distress, inconvenience, grief, anxiety, and related injury. Oftentimes, this is the most valuable portion of a personal injury claim simply because the costs of medical treatment and lost income often pale in comparison to the emotional toll that a significant bodily injury can have on a person’s life including their work life, home life and their personal relationships.
Your Workplace Doctor May Not Have Your Best Interest At Heart
Workplaces are often places where injury can and does occur due to violations on the part of the employer. In Texas, the injured employee is left with an injury that keeps him or her from earning a paycheck or paying medical bills for an injury that the employer caused if the employer does not carry Workers Compensations insurance.
However, your employer may have a replacement policy – one that is not actually under the official Texas Workers Compensation. Many times your employer they will send you to the company doctor for evaluation. What the employee doesn’t know is that the company doctor does not see the employee as his client because the employer is his client. A doctor will often stop treatment and get the employee back to work, despite the severity of the injury, at the request of the employer.
If an employee is unable to return, because he physically cannot stand for any period of time due to untreated ligament injuries, damaged muscles, broken bones, or the need for surgery – the employer then uses the doctor’s recommendations as a reason to fire the employee.
Let Us Review Your Situation To Determine Your Options
If you’ve been injured at work, you need an advocate on your side. You are being put into a position where they are forcing you out of your job. You have nothing to lose at this point – you must protect yourself from this unethical and harmful behavior of your employer and your employer’s doctor.
Injuries occurring on-the-job can have various impacts on your life. You can have damages including:
- Medical bills
- Physical Pain
- Mental Anguish & Suffering
- Loss of earnings or loss of earning capacity
- Physical Impairment
- Loss of Consortium
- Loss of the Enjoyment of Life
For a free consultation for a workplace injury attorney at our office, call us at 800-958-4948 or contact us online to schedule a meeting. Even if you think there is nothing we can do for you, give our firm the opportunity to meet with you and review your situation to see if there is any way we can help you.
Workplace Injury Resources: