Asked in Workers' Compensation for Texas

Q: I work for Walmart was injured on the job the insurance company is giving run around do I need an attorney

Insurance company is stating that pre-existing condition contributed to the extent of my injury which is not true. Are putting me off from week to week and have also asked me if I have personal insurance was told by them that they have to make a determination on how to help me and what they can cover and to what degree of help. I'm getting scared that the more they put it off the less that can be done to fix the injury surgeon stated surgery was needed to fix it so that I could return to normal job functions. Injury happened November 2nd been in pain since injury seen surgeon twice tried PT made condition worse and have been waiting for a decision ever since I feel like I am not going to get any kind of resolution that is going to help me at all. I'm afraid that most of the attorneys are afraid to take on Walmart but it is not the company that is giving me a problem its the insurance company that is contracted through Walmart I just need some help/advice just want what's right.

Related Topics:
1 Lawyer Answer
S. Michael Graham
S. Michael Graham
  • Workers' Compensation Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Unfortunately, in the great state of Texas. Unlike any other state in the United States, the legislator has determined that workers' comp insurance is optional. Walmart doesn't carry workers' compensation insurance. Essentially, this allows them to deny, dispute, and otherwise not pay claims without the fear of any meaningful legal recourse. If your injury is not due to the negligence of Walmart or a third party, then no lawyer will help you because they cannot get paid for their services in most cases. I like to refer to self insurance as FAKE WORKERS' COMPENSATION! Until this state wakes up and starts voting democratic, this form of insurance will be the status quo.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.