Legal Question in Workers Comp in Texas

my fiance got her foot ran over by a forklift at work and she was not at fault. it was bruised pretty bad and could be broken. what kind of action can be taken for lost wages from not being able to work? can any legal action be taken against the company?


Asked on 5/03/10, 1:34 pm

1 Answer from Attorneys
Matthew Lewis Booker & Lewis, P.C.

If the company is covered by workers' compensation insurance, then she would be entitled to 70% of her wages as long as the injury is a reason why she is unable to return to work. She would have to file a claim with the Division of Workers' Compensation and report the injury to her supervisor immediately. The employer should contact it's insurance carrier and that should get everything going. If they decide not to pay her, then she would need to get a hearing scheduled called a Benefit Review Conference.

If the company does not have workers' compensation insurance, then she would be able to sue the employer to recover her lost wages, medical care and pain & suffering.

I handle both of these types of cases. You can get more information at www.dallasworkcomp.com

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Answered on 5/10/10, 7:31 am


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