Q: I was at work, and a taxi drove on the back of my leg resulting in an on-the-job injury. It is on film what can i do?
he drives a taxi belonging to a big company, but he is a "contractor". The driver drove off, and later returned acting as if nothing happened. My managers took care of me and sent me to the urgent care. the xrays show nothing is fractured, however i have swelling, pain, and sharp pains here and there running up my leg and partially to my back.
A: You have a personal injury claim in addition to the wc claim. Consult with a PI lawyer, most give a free consult and will take your case on a contingency basis so you do not pay until the case is won. As for your wc case make sure you give written notice of your injury within 30 days. You do not have to give written notice, it just makes things easier if you case is disputed. Also file a DWC 41 (first report of injury) with the TDI, DWC (division of workers compensation). You can find the form online. Good luck.
A: I agree with Mr. Warren that you have two potential claims. You have a workers' compensation claim if your employer has purchased a policy of workers' compensation. You would also have a potential third party claim against the taxi driver company. The problem with consulting with a PI attorney first, is that unless they understand both workers' compensation law and PI, they will likely send you to the wrong doctor and you might end up being on the hook for the bill. My strong advise is that you consult with a workers' compensation attorney first to iron out whether your company has a policy of workers' compensation and gets you to the correct doctor. If you do it on your own, the Carrier and employer will choose your doctor which is never a good idea. Most WC attorney's will speak to you for free over the phone. My office does.
A:
Contact a member of the Texas Trial Lawyers Assn--they give free consults. You don't want to settle this yourself as WC has a "subrogation claim" and if you handle it yourself they will look to you!
You may also have a claim for the wage loss not covered by comp under your own policy's wage loss provision if your state allows that. Get the free consult. Give not statements until you have had the consult.
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