employer says dont go through workmans comp

[chrisintx]

I was injured by a horse while working on a farm 3 months ago. My employer immediatly said go to the doctor I will take care of the cost. do not file workmans comp. well I went to the Doctor went through my own insurance company and had ACL surgery on my knee. I have been paid my full salary and working part time through the healing process. Well my employer is harrasing me about paying the amount my insurance did not cover.
What do I do?

 

[cbg]

What state are you in?

 

[chrisintx]

I am in Texas.

 

[cbg]

Texas is the one and only state where it is legal to not have workers comp insurance.

Are you saying that the employer is now backtracking and not wanting to pay the balances due after your insurance paid?

 

[chrisintx]

I was injured on the job, and althoug my employer has workmans comp he chose not to report the injury to workmans comp as he didnt want his rates to go up for reporting yet another accident. My insurance paid about $10,000 of a $15,000 hospital bill. when he was asked to pay the $5000 difference he tried to file workmans comp as he said he never thought the injury would be that costly to him. I can understand filing w.c. could help him if I have any future problems with my knee but I dont think they would pay for something that is 3 months old and already taken care of.

 

[cbg]

Although I know that Texas allows an employer to opt out of workers comp, and although I have had employees in Texas, I have never availed myself of that right so I am not certain of the employer's responsibilities in that case. I think you're going to have to call the Texas Workers Comp Commission and ask them if your employer is legally required to pick up the other $5,000.