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What do you do when you first have a work injury?

Written by Mr. Roger Davie on Monday, 09 Jul 2018.

If your employer carries workers' compensation what is the first thing that you should do?  I see people every week who come in to see me because they are hurt and can't work and they never filed a workers' compensation case.  This nearly always happens when someone has a general no specific injury like a back injury or hernia.  In Texas you have 30 days to file a claim with your employer of your injury.  This is one of the most, if not the most important task for an injured worker.  You should notify your employer of injury as soon as possible.  If you don't it makes it makes it much more difficult (although not totally impossible) to prove maintain your claim.  If you think your injury could be work related, then make the claim.  Under Section 451 of the Texas Labor Code it is illegal for your employer to discharge  or retaliate against you for filing a workers' compensation claim.  It is also illegal in New Mexico to fire a worker who filed a New Mexico workers' compensation claim.  

However, if you don't timely file your claim, you might still have a claim for disability discrimination. Under both state and federal law.  The main thing is to see a board certified employment lawyer as soon as you find out you are injured.  In Texas, you may find out that your employer does not even carry Texas Workers' Compensation and have their own accident injury plan or no coverage what so ever.  You may be able to preserve your claims for your injuries with the help of an employment lawyer.

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