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What are my rights if my employer does not have workers comp? I fell and received a concussion 8/24/12 and still suffer from it.

San Antonio, TX |

I fell hard and knocked out at work. Another employee was cleaning a table and had degreaser all over the floor. I slipped and was rushed to ER. I am still suffering. My case manger with risk solutions is avoiding my calls. I need med attention my memory has been erased on some things. I am currently on 1 month leave and have an appt. to see Dr. I am not well to go back to work yet. What are my options.

Attorney Answers 11


  1. You need to hear from a TX attorney. Depending on the State, they are probably were required to carry it, depending on the number of employees. There may be remedies based on your State.


  2. If your employer does not have workers compensation and you were injured do to your employers negligence you can sue them for your damages. Given your concussion which is a mild traumatic brain injury your damages could be significant and effect your abilities to work in the future. You need to get an MRI done and make sure you do jot have additional injuries. If you have any questions I would be happy to give you a more detailed response. Good luck to you.

    Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas in Illinois only.


  3. You have a nonsubscriber claim. You can research it here:

    http://www.vbattorneys.com/practice_areas/houston-work-injury-attorney-texas-work-accident-lawyer.cfm

    If you want to share more details we would be happy to give you a free case review.


  4. Do not try to handle this yourself. If you want to get their attention, get an attorney. Talk to the TX attorneys who answered your question and take it from there.

    I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Call me. Joyce J. Sweinberg, Esquire 215-752-3732 www.jjsassoc.net Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.


  5. Do you work for HEB? You are describing t"he HEB way."

    You need a personal injury lawyer that knows how to handle non-subscriber cases in mediation, arbitration, and trial. I have handled many of these cases in Texas. I offer a free consultation with a Board Certified Personal Injury Trial Lawyer. You pay nothing unless I recover damages for you.

    John Zgourides
    (281) 453-5312 direct
    www.zgourides.com

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  6. Get a local attorney to investigate the incident and advise you of your rights ASAP because it certainly appears you have a viable claim.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  7. A local attorney can still pursue a claim for your injuries.


  8. In Texas you have the right to file a claim for samages if they have no computer and no alternate insurance. If there is alternate employee coverage you need to check the policy. It may limit you to arbitration. If there is neither then you can sue and all you must prove is 1% negligence to win. Sounds like a good case. I would be happy to discuss it. 1-800-298-0111.

    Paul Cannon
    Simmons and Fletcher


  9. These cases have specific legal issues. You may have signed documents that will be used against you, so you need a lawyer familiar with these cases. I settled a head injury non-subscriber case late last year and just won an appeal in the Texas Supreme Court in another non-subscriber case where an arbitrator tried to dismiss the case on a technicality. So be sure to get a lawyer who understands what you are up against.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.


  10. If your employer does not have worker's compensation insurance, then you can pursue a non subscriber case against it. These are typically good cases from a liability perspective and you have described what appear to possibly be significant damages, including a possible traumatic brain injury that needs immediate medical treatment. Please do not sign any documents that the employer asks you to sign without first having an attorney review the documents. This is important because the company can obtain a valid and enforceable post accident waiver of your potential claims against it. Immediately consult with an attorney who is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. I have been handling these type cases for several years. We are happy to consult with you free of charge in the event you want to talk to someone. Good luck. www.urhurt.com

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.


  11. You have a nonsubscriber case against your employer. The potential problem is that 8 months have passed and you still need medical treatment. The other issue that you often run into in a nonsubscriber case is whether the employer will have the assets to satisfy a judgment against it. However, it looks like you have a case. You should make an appointment with a neurologist ASAP to address your memory issues. Good luck.

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