Q: My son works for Domino's Pizza in TX, and he was in a car accident (fault of the other person) while on a delivery.
He was told that he has whiplash and some bruising to his left shoulder causing him to miss work. He was checked out by the company's physician and although she confirmed the whiplash and bruising to his left shoulder, prescribed him some Motrin and a muscle relaxer, she cleared him to return to work and they are denying him workers comp. What can he do to be compensated for pain and suffering and for the time he was off due to this accident.
A: If the employer purchased a policy of workers' compensation, your son could get his medical expenses and lost time paid through the workers' comp carrier. You cannot collect pain and suffering under workers' comp because it is a policy of insurance only. Your son could make a claim against the person that ran into him provided you can prove up fault. Under the tort claim, pain and suffering are legally allowable damages provided you can prove up pain and suffering. You need to contact an attorney for a more detailed explanation.
A: Consult a member of the Texas Trial Lawyers Assn--they give free consults. He has a claim against the other driver regardless. He needs to get seen by an orthopedist who specializes in shoulders if he is hurt in his shoulder.
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