Can I get unemployment or workmans comp if i quit a job because i was injured while at work in texas?
I was hit in the back from behind by a 71 to 100 pd box while at work. It knocked me to the ground and I hurt my back,elbow, and, leg. The company dr. says go back to work with no restrictions. My dr. says light duty (no lifting over 10 pds) for a week. What should I do? Sue? It is a big time company, very big, and they are trying to cover their behinds from a law suet.
Answers:
If they have workers' comp coverage for you, then you have to go that route. You cannot sue your employer for on the job injuries via any route but the WC system. You need to talk to your adjuster about this, since the WC laws are very detailed in Texas - and there are few WC lawyers to be had in the current system. If you quit your job, chances are that benefits will end too. You are not eligible for unemployment if you quit a job.
Since employers are not required to carry WC coverage in Texas, your first step is to find out for sure whether the coverage exists.
You should be eligible for workmans comp. If you quit, you wont, but you may be able to receive unemployment.
If they were trying to cover their behinds, they would be the ones wanting you on light duty.
Since you have two different opinions, you have the right to choose to have another doctor make an opinion. However, you would be required to pay for this other doctor's visit. However, if they said the same as your doctor, then your company would have to listen.
I say this generally, though -- you should know that I am not an attorney and this is not legal advice.
You should be able to file for Workman's comp but you might be required to be absent for a certain amount of days before you can get paid. WC should pay all medical bills.
since you've had two doctors that said you are or in essense will be ok soon with no lasting injuries it seems like an open and shut case. It's very difficult to get another job if you continue to say you're injured, or if you sue, and if you try to go on SS disability.you'll just be hurting yourself and your income.
However, what I'd do if I were you is document your complaint on paper, get a print of all the x-rays and write-ups of your doctors from their records since all these documents will be gone from the records in 5-7 years because the IRS tells companies they don't have to keep records past that date. So save any piece of info and receipts and insurance claims, etc. from this incident in case it gets worse over time and you have to file a claim.
I see no reason for a lawsuit right now, that is unless this has caused a slipped disc, sciatic pain, or anything that you'd need an operation for which would weaken your back and future mobility. Blaming a company (instead of a piece of equipment) can ruin your career and good income or any future income. It's really tough living on SS..
Don't quit the job. Go back to work with a note from your Doctor stating you are to be on light duty only for a week. Stand your ground. You will have a right to sue only if they fire you or make you go back with no restrictions. Don't quit the job.
I used to be a steward for a union. I don't know if you are in one, but you do have the right (usually) to "chose" your doctor. Check to see if you are covered under any state workmen's comp statutes. I would present "your" doctor's statement to the business. If they refuse to accept it, then you have good grounds to sue with some success. Of course, if you were knowingly working in "an unsafe manner" contrary to how you were told to work you may not have the protections you otherwise would.
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