Dallas, TX asked in Employment Discrimination, Employment Law and Workers' Compensation for Texas

Q: worker’s comp, EMP is injured, MNG delays report, told to return to work, injuries worsen, negligence or liable on MNG?

OSHA violation for equipment prohibited, MNG cleaned cuts but infection set in, EMP is diabetic, INS CO omitted details of time and treatment before claim was filed, treating DR refused MRI for hand fracture with abscess as treated by EMERGENCY DR, denies injury effect and denies benefits.

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Employment Law Lawyer
  • Frisco, TX
  • Licensed in Texas

A: Whether the manager is negligent is most likely irrelevant. In a workers' compensation case, the injured employee is NOT REQUIRED to prove that his/her employer or one of his/her fellow employees was negligent. Workers' compensation provides medical benefits, temporary income benefits, impairment income benefits, and in cases of very serious injuries supplemental and lifetime income benefits for work-related injuries.

Any delay by the manager in making a report is unlikely to be a cause in fact of any damages. The injured employee can choose any doctor willing to accept him/her as a patient as the treating doctor immediately after the injury regardless of whether the manager makes a report. The employee's treating doctor, not the manager, has to make any decision as to whether the employee is unable to return to work as a result of the injury. If the treating doctor determines that the employee is unable to return to work, the manager does not have the power to countermand the treating doctor.

I don't find it particularly disturbing that a treating doctor refused an MRI for a hand fracture depending upon the type of fracture. That is a medical decision and could well be within the standard of care based upon the particular facts and circumstances of that particular case. If the treating doctor's decision fell below the standard of care and the patient sustained damages as a result of that decision, the employee may have a claim for medical malpractice against his treating doctor. But employee will need another medical professional in the same area of practice as his treating doctor to determine if the treating doctor's decision fell below the standard of care.

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.