Can I take a company to court for injury even if they paid into workerscomp?: I know in TX that usually when a company pays into workers comp they cannot be taken to court for that injury later on. My case is a little different and I was wondering if it was still possible to take them to court since that following week after my injury the so happen to come out with a new device that would have prevented that injury in the first place. They state that their ladder safety program covers it and that they had always been safe. The facts do not line up and prove to be wrong.
Matthew’s answer: When the employer has real workers' compensation coverage, then they are protected from lawsuits for workplace injuries. The exception is when they commit "gross negligence" and the employee dies as a result. Since you survived, there is no gross negligence claim to make. However, if they had a work injury "plan" that they called workers' comp but it wasn't really workers' comp, then maybe.
What do a 17% impairment rating means for your hand: I was injured on my job and cut off my ring finger and my index finger and I cut my pointer in half they repaired my pointer they reattach my index finger but I lost my ring finger and they gave me an impairment rating of 17 which I don't think it's fair
Matthew’s answer:
You have a severe injury. That warrants a high impairment rating. In Texas, we use the AMA Guides To The Evaluation Of Permanent Impairment, 4th Edition, to establish an impairment rating. I would need to look at your medical records to figure out if the 17% is fair or not. We can compare what's in the records to what's in the AMA Guides and see if the doctor was right or not. A 17% impairment rating is pretty high compared to what we usually see. It also guarantees you the right to pursue additional benefits that you couldn't get if you had less than a 15% impairment rating.
For more info on impairment ratings and how to dispute them, you can check out this link (you'll have to copy and paste it into your browser because avvo doesn't support links): https://www.mlflegal.com/2020/07/dispute-impair...
What will my workmans compensation be for a broken leg at work that needed surgery and hospital stay.?: I was at work when some heavy metal that was leaning up against a wall fell onto my right leg.
Matthew’s answer:
First, it depends on whether or not your employer has real workers' comp benefits or fake workers' comp benefits. In Texas, an employer is not required to have workers' comp insurance. If they do have workers' comp insurance, there are benefits for lost wages and permanent impairment. If they do not have workers' comp insurance, you may be able to sue your employer directly.
For insight on what workers' comp benefits look like, check out this free book for Texas injured workers: https://www.mlflegal.com/guide-for-texas-injure...