Work related injury

[Castro]

Someone in my family was recently asked to move heavy objects by her supervisor. She told three different supervisors three different times that the objects were too heavy for her to move. All three supervisors
told her that she had to move them. When she did as she was told, she hurt her back (slipped disk). She is now receiving Worker's Compensation (State of Texas). Does she have a case of negligence (or something else) against her employer, supervisors, et. al.?

 

[Attorney_Replogle]

If Workers' Compensation (WC) law is the same in Texas as in California, then the answer is that she has no other cause of action (or rememdy) against her employer. Instead, the "negligence" of the three supervisors can and should be used against the company within the WC context.

My recommendation is that the family member make sure to hire her own WC attorney immediately. Only by doing this will she be pretty much guaranteed to get more money for settlement plus get all the health care treatment she needs. Remember that WC attorneys are paid on a contingency basis, and are usually limited to no more than 12-15% of the settlement. Thus, everyone can afford to hire their own WC attorney.

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Mark B. Replogle