Attorney Hector Sandoval’s Responses
Seeking the Truth for Injured Workers and their Families!
If you’ve been injured on the job, I know that you’ve heard at least one of following 10 myths about work injury cases. Well, what are you going to believe and are you going to rely on your employer, the insurance company or their doctors to give you legal advice? I would not advise that you do.
When you’re injured, you’re under a lot of stress and anxiety already. You need to know what medical benefits you’re entitled to. You need to know how you’re going to get paid. You need to know how you’re going to get back to work. You need to know what the future looks like for you and your family! When no one is providing you the answers, you’re going to need to contact a Texas Work Injury lawyer that can provide you the guidance and reassurance you need to fight for your rights as an injured worker.
After an injury, the company’s power team, which includes management, lawyers, doctors and even other employees, get to work on building a case against you. Make no mistake, TIME IS OF THE ESSENCE! The sooner you act to get legal advice, the better. Along the way, you’re going to hear things that are intended to keep you from taking action and protecting your rights. You’re going to hear things that lead you to believe that you don’t need a lawyer and that the company is going to “take care” of you! It’s you against the company’s power team! You need to protect yourself and know what your up against.
- MYTH 1 – The company will find out if you’re talking with a lawyer!
- MYTH 2 – The company has the best lawyers and they never lose!
- MYTH 3 – The company will fire you immediately for talking to a lawyer!
- MYTH 4 – The company doesn’t have any insurance so, it’s not even worth investigating your injury benefits!
- MYTH 5 – The company will find a way to sue you for filing a claim against them!
- MYTH 6 – If you file a claim, you will never be able to find another job!
- MYTH 7- The company will only pay your medical bills and lost wages if you agree not to sue them!
- MYTH 8 – You weren’t an “Employee” of the company, so you don’t have any rights to file a work injury claim!
- MYTH 9 – If you receive wage and medical benefits from your employer’s insurance, then you can’t sue them!
- MYTH 10 – You’re responsible for causing your own injury, so you can’t sue your employer!
Here are my responses to the 10 stormy myths in work injury cases!
The company will find out if you’re talking with a lawyer!
MYTH 1 RESPONSE: YOUR EMPLOYER WILL NOT FIND OUT THAT YOU’VE CONSULTED A LAWYER UNTIL YOU ARE READY TO LET THEM KNOW. YOU HAVE EVERY RIGHT TO CONSULT A LAWYER ABOUT YOUR WORK INJURY RIGHTS! DON’T BE TAUNTED INTO HANDLING YOUR CLAIM ALONE! REMEMBER, THE COMPANY HAS ALREADY HIRED ITS LAWYERS!
The company has the best lawyers and they never lose!
MYTH 2 RESPONSE: THAT IS JUST NOT TRUE. ALTHOUGH THE COMPANIES LAWYERS ARE LIKELY VERY GOOD, THE LAWYERS FOR THE COMPANIES OFTEN RESOLVE CASES WITHOUT DISCLOSING IT TO THE PUBLIC. THIS IS HOW COMPANIES ARE ABLE TO CONTINUE TO USE THIS MYTH TO SCARE INJURED WORKERS. WHEN CASES ARE RESOLVED, THEY REQUIRE CONFIDENTIALITY SO THAT NO ONE FINDS OUT THEY PAID A CLAIM! REMEMBER, YOU CAN HAVE A GREAT LAWYER TOO!
The company will fire you immediately for talking to a lawyer!
MYTH 3 RESPONSE: THE TRUTH IS, ONCE YOU GET HURT, SOME COMPANIES START LOOKING FOR REASONS TO FIRE YOU OR MAKE YOU LEAVE! TEXAS IS AN AT-WILL EMPLOYMENT STATE BUT, ONCE YOU ARE HURT, THERE ARE SOME THINGS YOUR EMPLOYER NEEDS TO BE CAREFUL ABOUT WHEN DEALING WITH YOUR EMPLOYMENT. FOR THAT REASON, I ALWAYS SUGGEST THAT IT’S BETTER THAT YOUR EMPLOYER KNOWS THAT YOU ARE REPRESENTED THAN IF THEY BELIEVE YOU ARE DOING THIS ALONE AND WITHOUT A WORK INJURY LAWYER HELPING YOU ALONG! KEEPING YOUR JOB IS A SHORT-TERM CONCERN. WHEN YOU HAVE A SERIOUS INJURY, YOU NEED TO BE FOCUSED ON GETTING BACK TO WORK AND BEING ABLE TO PROVIDE FOR YOUR FAMILY IN THE FUTURE. WE CAN HELP WITH THIS!
The company doesn’t have any insurance
so, it’s not even worth investigating your injury benefits!
MYTH 4 RESPONSE: IT’S NO SURPRISE THAT THE COMPANY DOESN’T WANT YOU TO INVESTIGATE! ONCE YOU DISCOVER THAT THERE IS INSURANCE, YOU HAVE COVERAGE FOR YOUR WORK INJURY CLAIM! THIS STRATEGY IS JUST INTENDED TO KEEP YOU FROM EXPLORING YOUR RIGHTS! IF THE INSURANCE IS THERE, IT NEEDS TO DO WHAT IT’S SUPPOSED TO DO WHICH IS PROVIDE COVERAGE FOR YOUR WORK INJURY!
The company will find a way to sue you
for filing a claim against them!
MYTH 5 RESPONSE: YOU CAN’T SUE FOR CLAIMS THAT YOU DON’T HAVE! THIS IS A PRETTY PRIMITIVE TRICK! THE COMPANY IS TRYING TO TURN THE TABLES ON YOU AND MAKE YOU FEEL LIKE THE BAD GUY! THIS ONE HARDLY DESERVES A RESPONSE. DON’T LISTEN!
If you file a claim,
you will never be able to find another job!
MYTH 6 RESPONSE: IT’S TRUE, YOU MAY NEVER WORK FOR THAT SAME COMPANY AGAIN BUT, FILING A CLAIM AGAINST A COMPANY FOR NEGLIGENTLY CAUSING WORK INJURIES WILL NOT KEEP YOU FROM FINDING ANOTHER JOB! THIS IS ANOTHER ATTEMPT TO TURN THE BLAME ON YOU! WILL THEY CONTINUE TO EMPLOY MORE WORKERS EVEN THOUGH THEY ARE NEGLIGENTLY CAUSING WORK INJURIES? UNFORTUNATELY, THE ANSWER IS YES.
The company will only pay your
medical bills and lost wages if you agree not to sue them!
Sandoval Response 7: EMPLOYERS ARE REQUIRED TO PROVIDE THEIR EMPLOYEES WITH A WORKPLACE THAT IS SAFE AND IS FREE FROM HAZARDS. THIS IS NOT DEPENDENT ON YOU AGREEING NOT TO SUE THEM. IF YOUR EMPLOYER FAILS TO MEET THEIR OBLIGATION AND YOU GET INJURED AS A RESULT, YOU MAY HAVE TO SUE THEM TO FORCE THEM TO MEET THEIR OBLIGATIONS. SOMETIMES, THIS MYTH IS USED TO CONVINCE AN INJURED WORKER TO SIGN A RELEASE OF LIABILITY BEFORE THE EMPLOYER PROVIDES BENEFITS THAT THE EMPLOYEE WAS ALREADY ENTITLED TO RECEIVE. BE CAREFUL! DO NOT RENEGOTIATE YOUR BENEFITS AND SIGN ANY WAIVERS OR RELEASE OF LIABILITY AFTER AN INJURY!
You weren’t an “Employee” of the company,
so you don’t have any rights to file a work injury claim!
Sandoval Response 8: WHETHER OR NOT YOU ARE AN EMPLOYEE OF A COMPANY IS NOT SO EASY TO DETERMINE. THERE ARE SEVERAL LEGAL TESTS THAT WILL DETERMINE WHETHER YOU ARE AN EMPLOYEE OF A COMPANY. THE CONFUSION IS INTENTIONAL. THE COMPANY WANTS TO CONVINCE THAT YOU HAVE NO RIGHTS AS AN EMPLOYEE SO THAT YOU DON’T EXPLORE WHETHER THE COMPANY OWED YOU ANY OBLIGATION! YOU HAVE TO LOOK CLOSELY AT THE WORK RELATIONSHIP WITH THAT COMPANY! WE CAN HELP WITH THIS!
If you receive wage and medical benefits
from your employer’s insurance, then you can’t sue them!
Sandoval Response 9: ANOTHER ATTEMPT TO CONVINCE YOU NOT TO SPEAK WITH A LAWYER. AS WITH OTHER MYTHS ABOVE, THIS ONE IS OFTEN USED BY A COMPANY’S MANAGEMENT TO CONVINCE YOU TO SIGN A RELEASE OF LIABILITY. DON’T BELIEVE IT AND DON’T SIGN IT!
You’re responsible for causing your own injury,
so you can’t sue your employer!
Sandoval Response 10: WHY NOT BLAME YOU? IF YOU BELIEVE IT, YOU WILL LIKELY CONTINUE TO WORK WHILE YOU’RE INJURED AND NEVER COMPLAIN AGAIN! EMPLOYERS MUST PROVIDE A WORKPLACE THAT IS REASONABLY SAFE AND FREE OF RECOGNIZED HAZARDS! IF YOUR EMPLOYER HAS ANY CHANCE OF PROVING THAT YOU COULD HAVE BEEN AT FAULT, THEY ARE GOING TO HAVE TO PROVE THAT YOU WERE MORE AT FAULT THAN THEM IN ORDER TO KEEP YOU FROM WINNING! IN NON-SUBCRIBER CASES, EMPLOYERS CANNOT ARGUE THAT YOU WERE PARTIALLY AT FAULT! TO WIN THIS ARGUMENT IN A NON-SUBCRIBER CASE, THE EMPLOYER WOULD HAVE TO PROVE THAT YOU WERE COMPLETELY RESPONSIBLE FOR CAUSING YOUR INJURY!
10 Stormy Myths in Work Injury Cases Intended to Keep You From Getting Legal Help
I hope that these responses help you understand that you should not wait to take legal action if you’ve been injured on the job. These are just some of the myths that you’ll hear along the way! The only way to know what work injury benefits you really have is to speak with a Texas Work Injury lawyer. The facts of every work injury case are different and require a detailed analysis from a work injury experienced attorney. We can help!
When you are ready to discuss your work injury case, call Texas Work Injury Attorney Hector L. Sandoval at (346) 347-7777 or visit us on the web at https://sandovalpllc.com/. Call and put Attorney Hector Sandoval to work for you!