I just dont get it

[eddntx]

What is the name of your state?texas Hi maybe somebody can help i'v been on w/c sence oct 6 2005.I fell off of a semi trailor and got a herniated disc .Well so far w/c has been good to me but what i was wondering am also able to sue the co where i fell sence they dont have any loading remps like all the other plants have.I have read a little about ochas laws and what i understand is both my co and the co i was loadind at were breaking there laws.I called an lawyer and they cant do anything unless i am hurt real bad.To me i am im in pain numbness cramps and headachs.They want me to go to physical theropy i did for my initial and the therapist told me there is nothing he can do sence i cant bend or anything.If anybody knows a good lawyer in tx and is'nt scared of w/c please let me know

 

[ellencee]

What is the name of your state?texas Hi maybe somebody can help i'v been on w/c sence oct 6 2005.I fell off of a semi trailor and got a herniated disc .Well so far w/c has been good to me but what i was wondering am also able to sue the co where i fell sence they dont have any loading remps like all the other plants have.I have read a little about ochas laws and what i understand is both my co and the co i was loadind at were breaking there laws.I called an lawyer and they cant do anything unless i am hurt real bad.To me i am im in pain numbness cramps and headachs.They want me to go to physical theropy i did for my initial and the therapist told me there is nothing he can do sence i cant bend or anything.If anybody knows a good lawyer in tx and is'nt scared of w/c please let me know

You can not sue your employer; workers compensation laws do not allow for you to sue your employer for your injuries. OSHA is notified of all worker injuries. You can make sure OSHA was notified. You can go to OSHA's site on the web, look for reports by your employing company and for OSHA investigations into your employer's compliance. Be sure to look at the requirements for loading docks; if you believe a violation occurred, you can report it. If you have an attorney for your workers comp claim, do not file any complaint with anyone without your attorney's knowledge and permission.

EC

 

[JETX]

If anybody knows a good lawyer in tx and is'nt scared of w/c please let me know

Ellencee is correct (welcome back!!).
An employer has the choice of buying into the workmens comp program and being protected from most employee claims... or not joining and facing the threat of employee litigation (some states REQUIRE workmans comp coverage).
In this case, your employer obviously chose to have workmens comp... and is protected from your filing a lawsuit.

 

[BB2002]

What???

You are both wrong. He had the right to seek other remedies besides workers compensation, but it sounds as if he went the workers compensation route. Keep in mind he does not have to take workers compensation but if he does not than he is gambling his right to workers compensation in the future for this claim.

 

[JETX]

You are both wrong.

Yeah, right.

He had the right to seek other remedies besides workers compensation, but it sounds as if he went the workers compensation route. Keep in mind he does not have to take workers compensation but if he does not than he is gambling his right to workers compensation in the future for this claim.

Your post is full of crap.

In Texas, an employer has the choice of offering workmens compensation coverage or not. If the employer chooses the w/c, they are exempt from lawsuits due to employee injury.
Texas Labor Code:
§ 406.034. EMPLOYEE ELECTION. (a) Except as otherwise provided by law, unless the employee gives notice as provided by Subsection (b), an employee of an employer waives the employee's right of action at common law or under a statute of this state to recover damages for personal injuries or death sustained in the course and scope of the employment.
(b) An employee who desires to retain the common-law right of action to recover damages for personal injuries or death shall notify the employer in writing that the employee waives coverage under this subtitle and retains all rights of action under common law. The employee must notify the employer not later than the fifth day after the date on which the employee:
(1) begins the employment; or
(2) receives written notice from the employer that the employer has obtained workers' compensation insurance coverage if the employer is not a covered employer at the time of the employment but later obtains the coverage.
(c) An employer may not require an employee to retain common-law rights under this section as a condition of employment.
(d) An employee who elects to retain the right of action or a legal beneficiary of that employee may bring a cause of action for damages for injuries sustained in the course and scope of the employment under common law or under a statute of this state.

I have NEVER heard of an employee trying to 'opt-out' of employer compensation and keeping their job.

 

[BB2002]

Better, read that again. My point exactly. I did not say you had to make my point for me. Also, read a little further down in the statues.

 

[JETX]

My point exactly.

What WAS your point??
If you meant that the OP "had the right to seek other remedies besides workers compensation", you would have been right if he had made that decision at the time of employment. And since we are clealry past that point, your post is useless.

 

[seniorjudge]

You are both wrong. He had the right to seek other remedies besides workers compensation, but it sounds as if he went the workers compensation route. Keep in mind he does not have to take workers compensation but if he does not than he is gambling his right to workers compensation in the future for this claim.

You would do others a favor if you would please put a dislcaimer in all your posts that you have no knowledge of the law and are making bad guesses.

Just a thought....

 

[BB2002]

Think Again

Read it one more time. Than read your original post. You make no mention of a secondary course of action.

Texas Labor Code:
§ 406.034. EMPLOYEE ELECTION. (a) Except as otherwise provided by law, unless the employee gives notice as provided by Subsection (b), an employee of an employer waives the employee's right of action at common law or under a statute of this state to recover damages for personal injuries or death sustained in the course and scope of the employment.
(b) An employee who desires to retain the common-law right of action to recover damages for personal injuries or death shall notify the employer in writing that the employee waives coverage under this subtitle and retains all rights of action under common law. The employee must notify the employer not later than the fifth day after the date on which the employee:
(1) begins the employment; or
(2) receives written notice from the employer that the employer has obtained workers' compensation insurance coverage if the employer is not a covered employer at the time of the employment but later obtains the coverage.
(c) An employer may not require an employee to retain common-law rights under this section as a condition of employment.
(d) An employee who elects to retain the right of action or a legal beneficiary of that employee may bring a cause of action for damages for injuries sustained in the course and scope of the employment under common law or under a statute of this state.

Your missing the except as otherwise provided by law and the fact that the individual that started this thread could file suit under different Texas Statue. Your also forgetting that or just may not know that 406.034. is not the golden egg in Texas. I hope that you are not relying on this statue to keep you, your company or clients out of legal hot water.

CB

Disclaimer:
I do not know the law and am merely guessing and making big assumptions to try to appear as if I know what I am talking about.

 

[tjr5150]

BB2002<<<<<<<who the hell are you?

eddntx, listen to what seniorjudge,JETX,ellencee have to say. They have been on this site and given great info to people. They are right by letting you know that you can not sue your employer since you got hurt on the job. That is why employer's carry worker's comp.

 

[eddntx]

Thank you all for responding. However my other question was overlooked, can I sue the co that was loading my trailor. OSHA rules clearly say you must have a safety harness or some kind of safety ramp when you are 5 FT or higher. The co does not have a loading ramp, nor does my co require us to wear a safety harness or use a ramp there. When I asked about that I was told by both parties that I didn't need one. OSHA rules state that one or the other is needed. So should/could I. Thanks again

 

[JETX]

can I sue the co that was loading my trailor.

Yes, you can sue anyone you want. One of the liberty's we enjoy is the right for anyone to sue almost anyone else over almost anything.
HOWEVER, if you were an employee of that company and as a result of your work-related injury have received workmens compensation... then your lawsuit will be dismissed. In Texas (and most other states), an employer who offers workmens compensation coverage is protected from civil litigation.

OSHA rules clearly say you must have a safety harness or some kind of safety ramp when you are 5 FT or higher.

That may or may not be correct.... depending on several factors (industry, etc.)... but some of that obligation falls on the employee. So, where WAS your harness??
And knowing the rules, why did YOU agree to perform an unsafe task??

The co does not have a loading ramp, nor does my co require us to wear a safety harness or use a ramp there.

That doesn't excuse YOUR unsafe practices.

When I asked about that I was told by both parties that I didn't need one. OSHA rules state that one or the other is needed.

Which rule is that?? I am fairly familiar with most of the OSHA requirements and am not aware of one that requires a safety harness to go up and down a loading ramp on a trailer.

 

[eddntx]

texas They did not have a loading ramp so i have to clime on top of my tanker.As for sueing it would be the other co i dont work for, I load there. I have to clime my ladder than get on top of the trailor.