Q: What are laws for an injury from your own fault and also not reporting it right away even though a supervisor knew?
Husband hurt himself at work and it was his fault. Afraid of losing his job, he didn't report it and thought he'd just see "how it felt the next day" because he didn't think it was that bad. His immediate supervisor knew he was hurt, just not the details. The next day, injury was worse, went to the Dr and found his foot was fractured. Called his supervisor and told him via voicemail. Never asked for workers compensation, was willing to take the hit as it was his fault and he didn't want to lose his job. Supervisor is now forcing it to be reported but saying because it wasn't reported immediately, he now doesn't qualify for benefits but his job is now jeopardized anyway. Company won't let him work because he's in a walking boot and not a steeltoed boot and there's no light duty because the Dr released him with no restrictions except to wear the boot for 6-8 weeks.
A: The first thing you need to know is what type of policy your husband's employer has. Is it a policy of workers compensation through the Texas Department of Insurance (subscriber) or an self insured, self administered by the company, occupational injury plan. If it's an occupational injury plan, you will have an almost impossible time getting the company to accept the claim. Since it was your husband's fault, you wouldn't be able to get an attorney to my knowledge and 20+ years experience to assist you if the his company has an occupational injury plan. This is why I personally call an occupational injury plan FAKE COMP! On the other hand, if the company has workers' compensation through the State of Texas (subscriber), you can get legal assistence from an attorney experienced in workers' compensation law. If the employer has a subscriber policy, you have the right to choose a doctor and receive income benefits if you employer will not accomodate work restrictions. My advice is to call a local workers' compensation attorney to learn more about your legal rights. My office offers a free phone consultation to discuss your legal rights and obligations as do most other workers' comp attorneys.
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