Quinlan, TX asked in Workers' Compensation for Texas

Q: The insurance adjuster I have said they are not workers comp the have there own insurance. I have been trying to get the

adjuster to call me back. I left several messages on her voicemail, she would not call me back until Monday February 11/2019. She said she closed my case because the doctor released me. I told her that the doctor said I should get a second opinion, and I left her messages. She said she was going to write down that she called me back. One of the managers at saltgrass was telling other servers they are worried I would sue them and said I would win if I did. She also told me I could sue them and I would win. How can I get help for them to just fix what is wrong with the fall? Everyone is for the company not me. I need help, but don't have money to pay for a lawyer.

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2 Lawyer Answers

Roy Lee Warren

Answered
  • Workers' Compensation Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: SORRY FOR YOUR SITUATION. I do not always trust employers, call Texas Department of Insurance,Division of Workers Compensation (I think the main line is 512 804-400; but you can look it up online). Or you can go to the website and look it up yourself.

If the employer is truthful and they do not have wc, one of two things. They could be "self insured" meaning they still must follow wc laws. Or they could have an ERISA plan that is not wc. If that is the case ask for a copy of the policy so you can determine what your rights are. Most provide for income benefits for a maximum of 1 year and limited medical. If it is a defined benefit plan under ERISA you may find a lawyer that will represent you because is you are the prevailing party your attorney's fees are paid by the plan. Good luck.

S. Michael Graham

PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Dallas, TX
  • Licensed in Texas

A: You need an attorney who handles personal injury/ non-subscriber claims. If the employer was at fault for your accident, you can sue them. You might be able to get additional treatment by contacting an attorney's office that will help you find a doctor and get a second opinion.

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