[Edensmimi]

I live in the State of TEXAS,I fell at work, tripped over door mat boss put in hall. I hurt my back, I have bulging disk in my L4 and L5 with stenosis. The fall aggravated the bulging disk in my back, otherwise I could have lived my entire life with no pain had I not fallen so says my Spine Dr. My question is this, should my boss who has has no workers comp on me be resonsoble to pay for my medical care for my back? He only has W/C on the men who work out in the field, and he has it on them through a payroll company. In other words this compnay does half of our payroll and provide workers comp on the men, my payroll is not run through the payroll company. Our company also pay our men a payroll check for the difference of what we don't claim through the payroll service. We take out taxes and everything like we should. When a man gets injured the payroll company pays them workers comp wages and we pay them workers comp wages on the money they have earned with us. All of their medical is paid through the payroll company. My boss does pay for my medical insurance as a BENEFIT only, nothing to do with workes comp. Since I have fallen my personal insurance has been paying for my medical, I pay for dr's visits and meds. My boss owns the building and property and he "rents" the building and property to the company. He has no property insurance which we were told wouldn't cover my fall anyway because I am an employee. I have had 2 procdures done on my back with steroid injections in my spine, day surgery type of thing. I am facing a very major surgery, a spinal fusion as the injections didn't work. If the surgery doesn't work I am left to live the rest of my life like this, what about my medical? Should he be responaible to pay for it even after I am not employed here?

[smoothy]

What state is this in. Your rights may vary according to state law. Our members can give you more accurate advice if we knew that.

[Edensmimi]

I fixed it, I am in Texas, thanks for catching that

[AK lawyer]

The Texas Workers Compensation statute says that an employer may elect not to carry Workers Comp. insurance, but if such an election is made proper notice must be given to the employees. If you are so notified, you cannot sue the employer for injuries on the job unless you have in turn done certain things.

Was notice posted that the employer didn't carry coverage for you? Were you otherwise formally notified?

You should consult with an attorney to see whether you can successfully sue your employer.

[twinkiedooter]

Get a good personal injury attorney in your corner and sue the company, the owner of the building and everybody in sight. Don't even attempt to do this yourself as it will be a long, drawn out affair that only a good attorney can win for you.

[Fr_Chuck]

Yes, sounds like you have to sue them, which is of course normally what happens in a lot of cases where they have workers comp

Also there may be a issue with having it on some employers and not others also

[Edensmimi]

Thank you so very much

[Edensmimi]

Thank you very much for your advice