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Injured at Work? What to Do If Your Texas Employer Doesn’t Have Workers’ Comp

If you’ve been injured at work in Texas, you may be surprised to learn that your employer might not have workers’ compensation insurance. Unlike other states, Texas allows many employers to opt out, leaving you with powerful legal rights. You could potentially recover more compensation than through traditional workers’ comp. This article will guide you on how to check your employer’s coverage, your rights as an injured worker, and how a Texas workplace injury lawyer can help you navigate this complex situation. Don’t let your employer’s lack of coverage limit your recovery—discover your options today!

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Can You Follow Your Own Rules? ​

Injured workers in Texas face a daunting reality: since 1991, their rights have been systematically eroded, leaving them vulnerable in a complex system dominated by insurance companies. With the ability to choose their own doctors stripped away and impairment ratings manipulated, many are left without the support they need. If you’ve been injured on the job, it’s crucial to understand that the insurance company may not have your best interests at heart. Discover how a Texas workers’ compensation attorney can help protect your rights and ensure you receive the fair treatment you deserve. Don’t navigate this alone—read on to learn more!

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Green v. Lowe’s Home Centers, Inc.

In the case of Green v. Lowe’s Home Centers, Inc., a workplace accident led to a severe injury when a refrigerator fell on Robert Green’s hand. After filing a workers’ compensation claim, Green alleged he was terminated in retaliation, but Lowe’s maintained it was due to a violation of their sexual harassment policy. The Court of Appeals ultimately affirmed summary judgment for Lowe’s, highlighting the complexities of proving retaliatory discharge claims in Texas. This case underscores the importance of establishing a causal link between a claim and termination, even in clear injury situations.

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Amazon.com Services, LLC and Amazon Logistics, Inc. v. De La Victoria

In a gripping case that highlights the dangers of driver fatigue, Robert De La Victoria suffered catastrophic injuries while riding as a passenger in an Amazon-branded truck. The driver, an employee of Blazar Solutions, allegedly fell asleep at the wheel, leading to a violent collision with a concrete culvert. De La Victoria’s lawsuit against Amazon and others raises critical questions about corporate responsibility and safety practices. The Court of Appeals ultimately ruled that his claims must be resolved in arbitration, setting the stage for a pivotal legal battle. Discover the details of this compelling case and its implications.

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Case Summary: Albertson’s, Inc. v. Sinclair, 984 S.W.2d 958 (Tex. 1999)

In a recent case, the Texas Supreme Court highlighted the importance of protecting injured workers’ rights by emphasizing a liberal interpretation of workers’ compensation laws. When Charles Sinclair faced dismissal due to a late filing, the Court ruled that while timely submission is required, failing to meet this deadline does not automatically strip the court of jurisdiction. This decision underscores a commitment to ensuring that technical missteps do not hinder workers from pursuing their claims. Discover how this ruling shapes the landscape of workers’ compensation and what it means for your rights as an injured worker.

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Election of Remedies

If you’ve been injured at work, understanding your rights is crucial. Did you know that since 1991, Texas law limits your ability to sue your employer for negligence? However, you still have options! You can pursue third-party claims against those responsible for your injuries. Navigating these claims can be complex, especially when dealing with workers’ compensation. Don’t let insurance companies dictate your recovery. Learn how to maximize your benefits and ensure you receive the compensation you deserve. Contact us today for a free consultation and discover the full range of options available to you!

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Adjusters Send Mail To Injured Workers’

Insurance companies often play deceptive games to deny injured workers the benefits they deserve. One alarming trend is adjusters mailing crucial documents, like the PLN-03 form, directly to injured workers without informing their lawyers. This sneaky tactic can start the countdown on a worker’s right to dispute their impairment rating, leaving them vulnerable and uninformed. If you miss the critical ninety-day deadline, you could lose your chance to challenge an unfair rating and jeopardize your benefits. Don’t let this happen to you—learn how to protect your rights and navigate the complexities of the workers’ compensation system effectively.

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Network Medical Care ​

In 1991, Texas implemented a “New Law” for Workers’ Compensation, aiming to streamline care for injured workers. However, over the years, this system has increasingly restricted workers’ rights, particularly with the introduction of employer networks that limit healthcare choices. While these networks promise cost savings, they often compromise the quality of care, especially for those with serious injuries. Are you an injured worker navigating this complex system? Share your experiences with network medical providers—both positive and negative—and help shed light on the challenges faced by many. Your story could make a difference for others in similar situations.

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How to Report a Work Injury in Texas: A Guide for Workers

Reporting a workplace injury in Texas is essential for safeguarding your rights and ensuring you receive the benefits you deserve. Did you know that you must notify your employer within 30 days of the incident? Failing to do so could jeopardize your eligibility for workers’ compensation. This guide walks you through the critical steps, from filing a claim with the Texas Department of Workers’ Compensation to understanding your employer’s responsibilities. Don’t let confusion or delays cost you your benefits—learn how to navigate the process effectively and protect your rights with expert advice.

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