In his lawsuit filed in Galveston County District Court, a Santa Fe man alleges that his employer, Diamond Hydraulics Inc. of Hitchcock, did not want him to make a workers’ compensation claim for his workplace injury. Now he is suing for over $1 million dollars to cover physical pain, disfigurement, lost wages and inability to earn income along with interest and legal fees. The lawsuit accuses his employer of violating employment law, retaliation and deceptive actions.
His injury allegedly took place when he was delivering equipment to Hufco, one of Diamond’s customers. While the equipment was being unloaded, it fell on him.
He reported his injury to his employer so that he could apply for workers’ compensation benefits. According to the lawsuit, he claims that Diamond blocked his attempts to get medical attention and collect benefits. He further alleges that he was threatened with losing his job if he persisted in his injury claim.
When a person suffers a workplace injury, the workers’ compensation insurance carried by the employer provides benefits to the worker. To make a benefits claim, the person must report the injury to the employer and apply for benefits in a timely manner. Collecting these benefits, however, removes the employee’s right to sue the employer if some type of negligence took place. Sometimes, a person chooses to work with an attorney during this process in order to make informed decisions. An attorney could help the person complete the application paperwork and possibly avoid benefit delays. Negotiations for a settlement could also be supported by an attorney, especially if a denied claim needs to be appealed.
Source: The Southeast Texas Record, “Hydraulics worker sues employer, client in injury,” Carol Ostrow, April 10, 2015