3 Questions You Should Ask Yourself in your Texas Non-Subscriber Work Injury case!
- Do My Injuries affect my physical ability to work and life my personal life comfortably?
- Do I expect to have long-term limitations from my injuries even after medical treatment?
- Are medical and wage benefits from my employer’s insurance enough to address the full extent of the effect of my injuries?
Texas Non-subscriber work injury cases can be tricky if you just follow along with the system that your employer’s insurance has put in place to protect the company. Non-subscriber insurance exists mostly to protect the employer from big insurance costs, medical expenses and exposure to lawsuits. Helping the injured worker recover from an injury is not a priority item on the list no matter what it looks like to you. Remember, Texas non-subscriber cases are not your typical workers’ compensation cases. In fact, they’re not a workers’ comp cases at all!
When you suffer an injury at work, there’s an endless list of concerns that leave you wondering whether you are ever going to be same. Whether or not you immediately know if your injuries are serious, you need to assume that are and that you will be dealing with them for some extended period of time. If you don’t take your injuries serious, your employer and your employer’s insurance will do the same! It’s better to assume that you have serious injuries that will in fact require a lawsuit to protect your rights. The more serious an injury, the clearer it will be that you will need to seek legal advice to protect your rights under Texas law.
How Do Your Injuries Affect Your Physical Abilities!
When you’re going through the full traumatic experience of being injured at work, filing a lawsuit is not always the first thing on your mind. Understandably, the focus is on trying to recover from the injuries. After some time, you begin to wonder if your injuries are ever going to get better. You wonder if the treatment is even helping.
Here are some things to consider when asking yourself if your injuries are serious enough to require the filing of a lawsuit:
- If your injuries affect your ability to physically do your job like you use to, chances are, you have a serious enough injury requiring a lawsuit.
- If your injuries affect your ability to perform tasks around you home, chances are, you have a serious enough injury requiring a lawsuit.
- If your injuries affect your ability to sit, stand, walk or run for an extended period of time, chances are, you have a serious enough injury requiring a lawsuit.
- If your injuries affect your ability to rest or sleep comfortably and consistently, chances are, you have a serious enough injury requiring a lawsuit.
- If your injuries are causing constant pain and discomfort that can only be controlled with medication, chances are, you have a serious enough injury requiring a lawsuit.
You don’t need to rely on your employer’s doctors to know whether your injuries are serious. Most people “know their body” and their capabilities. When your physical ability is compromised, you need to seek legal advice.
Will there be Long Term Limitations from My Injuries?
If you work injuries have caused long-term injuries, chances are, you have a serious enough injury requiring a lawsuit. Long-term injuries are those that you will have to live with the rest of your life.
Generally, the following injuries result in long-term effects for injures workers:
- Herniated or ruptured discs in the back.
- Torn Rotator cuffs in the shoulder.
- Torn knee ligaments.
- Bone Fractures.
- Head Trauma including concussions and memory loss.
- Neck injuries.
- Chemical exposures.
You won’ always know immediately if your injuries will have long-term effects on your life but, it’s always better to assume that they will. Every injured worker is different and will have a different recovery to specific injuries but, we’ve found that workers suffering any of the injuries above will be dealing with pain, discomfort and limitations for the rest of their lives.
Am I Entitled to More than Medical and Wage Benefits?
In Texas non-subscriber cases, the employer provided work injury insurance usually covers medical and wage benefits. At times, in very limited circumstances, there are other benefits that are specific to the type of injury suffered. For example, these insurance plans sometimes have benefits for workers that suffer an amputation of some type. Aside from these benefits, there are no other payments for any other losses that a injured worker experiences in their work injury case.
In a lawsuit, an injured worker is able to claim future medical bills, lost wages, past and future pain and suffering, past and future physical impairment, past and future disfigurement. Often times, worker injured while working for a Texas Non-subscriber make the mistake of thinking that all they are entitled to are MEDICAL AND WAGE BENEIFTS.
If your seriously injured while working for a non-subscriber, you have the right to claim additional losses in a lawsuit.
Other Considerations Before Filing a Lawsuit
If you were injured working for non-subscriber, do your research and find a lawyer that knows how to handle these special work injury cases. As mentioned above, these cases are not your typical Texas Workers’ Compensation case. They are very different because you could have more rights to file a lawsuit if you end up having long-term limitations from serious injuries.
At Sandoval Law Firm, PLLC, as your attorney, we believe that an attorney-client relationship is built on trust and confidence, and I take this very seriously. If you’ve been injured at work working for a non-subscriber, do your research!
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