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Brian Heath Crockett

Brian Crockett’s Answers

868 total


  • No Workers Comp -work injury

    My husband broke his leg while he was at work at a mattress company in December '14. The company he works for does not provide workers comp and does not have any signs posted in the workplace stating so. They promised us they would pay for all the...

    Brian’s Answer

    Be very careful. Depending on the language in the insirance policy, they can recoup their money for treatmebt first. There are real horror stories of injured victims signing settlement releases for an agreed amount. Then immediately after, when you think you are getting that amount the company I forms you that 90% of the settlemebt is going to pay your medicald and that $90k you thought you were getting is now less than $7k.Make sure you know if the check you are getting is separate from the medicals being paid.

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  • Can I sue my employer for a on the job injury which was cause by a machine which another employee was controlling at the time?

    My job is to make sure the material is in place and the other employee that's controlling the machine have to make sure that I'm clear from the machine. He never asked was I clear and came down on my arm.

    Brian’s Answer

    Yes. so long as the company did not have workers comp. its more common than you think and don't believe the company even if they tell you they have wc. Look at nonsubscriberlawyers.com for free search tool to see of your company has wc. if they don't, you can sue you employer for yoir coworkers negligence.

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  • Can I get a settlement from HEB after being injured at work?

    Injury date was 10-15-14 and I had surgery 1-7-15, my question is can I get a settlement payment from them because my knee will not be 100% again and I have to wear a brace now? My adjustor told me that they are a private company and not the typi...

    Brian’s Answer

    We have represented employees in suits against HEB numerous times. Unfortunately, HEB does not take their employee injuries seriously. If you are still with the first line adjuster who is handling your case and not a senior or managing adjuster then they are valuing your claim at less than $25k. Once a lawyer gets involved and if they have a good reputation, HEB will transfer the claim to a managing adjuster and actually evaluate the claim as opposed to the first adjuster who's job it is to underpay the claim.

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  • Where can i find a lawyer that can sue an unsubscribed work comp insurance company?

    i hurt my left shoulder & lower back on the job, and they started out paying for the injury at first, but then after a few treatments and injections i return to work, but could not continue working, so i told them i needed to see the doctor again ...

    Brian’s Answer

    There are not a lot of firms, like ours, that handle nonsubscriber cases. What happened? How could if have been prevented and who was responsible?

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  • Can i sue my company for not helping me for a on the job injury if it is a unsubscribe work comp and i already made an appeal?

    i hurt my left shoulder & lower back on the job, they started out paying for the injury at first, but then after a few treatments and injections i return to work, but could not continue working, so i told them i needed to see the doctor again and ...

    Brian’s Answer

    You are not stuck with the insurance company's decision. If this is a nonsubscriber employer you can make a claim directly against your employer. Your employer will never tell you this because they are hoping you won't get a lawyer and make a claim. In order to pursue a claim you will need to show your employer did or failed to do something that caused your injury.

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  • Why is it that any of these lawyer don't know what is a workers' comp. from a trucker's accupational accident insuranc claim.

    I have asked for help on this claim so many time, but the lawyer don't know a Workers' Comp. from a Trucker's Insurance Claim under a occupational accident claim.. Or is it they just don't understand one from the other.

    Brian’s Answer

    Based on what you describe as "Occupational Claim," it sounds like you are not dealing with workers comp. but a third party benefits program. In Texas, employers will often call their non-worker's comp insurance.... worker's comp. so that the employee never consults with a lawyer.

    Under worker's compensation an injured employee cannot recover for things like pain and suffering. In a non-subscriber / third party benefits program an employee can sue for all damages including pain and suffering, as well as, punitive damages... if the employer contributed to the injury by 1%. The bad part about these programs is employers get out of paining for future care if the injury is the result of normal wear and tear. i.e. a mechanic who blows out his elbow, a truck driver who's back breaks down from driving all day. Those injuries aren't entitled to compensation because the injury was the result of normal working duties. i.e. the employer did not do anything negligent to cause the injury. Hope that helps. If not feel free to add a comment.

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  • Is non-suscriber still responsible for injured employee even after employee voluntarily leaves the company?

    I broke my back at work, and company is not letting me work within my restrictions. I am considering leaving the company in order to allow my injury to heal properly, but want the company to still be responsible for my care.

    Brian’s Answer

    Mi Your Employer Was Negligent and caused your injuries, the only way to protect yourself is to sue the employer.

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  • My insurance company received a letter stating they need to settle at my full policy limits. How do i protect my interests?

    This stems from an auto accident where I am at fault. Not sure policy limits would be reached in a jury trial, but not sure they won't either. If I hire an attorney to draft a letter to my own insurance company demanding they indeed settle, am i...

    Brian’s Answer

    • Selected as best answer

    Yes. If you start creating a record of all of your attempts to settle for policy limits it will preserve any bad faith claims against your insurance. This should protect your personal assets.

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  • What is the maximum amount a State College can owe for a PI settlement?

    A structure fell and broke my foot (2 surgeries, plates and screws in foot) on a state university campus. The accident report state negligence on their part. Have filed appropriate paperwork.

    Brian’s Answer

    You may be missing the builder as a liable party. Need to act fast. Statute of limitation is probably quickly approaching. Any questions, please do not hesitate to ask.

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  • What do I do?

    A man named Charles called me from financial mediator services and left a message I had several, allegations against me. He also called my brother who lives in another city than I do and told him I was being sued for a loan in the amount of 1,000....

    Brian’s Answer

    Agreed with everyone, but make sure this isn't a scam. Google the number that you were called from as well as the company they said they were and add "scam"

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