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Work accident. Company wasn't carrying insurance.

Discussion in 'Accidents, Injuries, Negligence' started by Kwgrate, May 12, 2017.

  1. Kwgrate

    Kwgrate Law Topic Starter New Member

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    Jurisdiction:
    Texas
    I have worked for 9 months as the sole employee for a roofing contracting company. My boss has always stated he has liability insurance. Work slowed over the winter, I had enough in savings that with the few roofs that we worked on I was able to stay on with him. He took a second job as a manager for a moving company to help himself meet bills. Two months ago he called me and asked if I could work part time for the moving company. The first day on I slipped and fell against some wood cutting machinery at the house of a client that was being moved. I ended up needing surgery to suture the 2 inch gash I had in my leg. I stayed one night in the hospital. I was released the next afternoon. He had already called and told me that I could go to his house and stay there until he got off, he wanted to talk about it. He informed me that I was going to fall under the moving company insurance. He had already talked to them and they would take care of it. Now two months later after I have inquired many times of him as to who I should contact concerning this, I told him that I was just going to call the moving companies owner. I was fired an hour later when he arrived at the job site. Instead of letting me take the company truck back to the shop, he dropped me off in a random parking lot in a town 2 hours from my house. Turns out that he told the company that my private insurance would cover it. I don't even have private insurance. I also found out that he didn't carry liability insurance at the time. I am not sure what to do.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Somebody broke the law by not having workers compensation insurance.

    File your claim with the state.

    See:

    Select Language

    Yes, that's the right link. You'll be given a choice of filling out the form in English or Spanish.
     
  3. hrforme

    hrforme Active Member

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    Actually Texas is the one state where the employer can opt out of WC insurance coverage. However, the employer has to notify the state of such.

    Problem is going to be proving whose employee you were and who you can sue if they don't have WC coverage (and if they have assets you can reach). Did you fill out any new hire paperwork for the moving company? Did he have the authority from the moving company to hire you ? Who paid you wages for that day you worked and got hurt and how (w-2 vs 1099)?

    You can try to file the claim against the moving company through the state, but it might depend on some of the answers to the above questions....
     
  4. Kwgrate

    Kwgrate Law Topic Starter New Member

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    I had filled out all the paperwork, I had given it to my boss, he was supposed to file it. He now says that he doesn't remember me ever giving it to him. He told me that he had the authority from the moving company, but the moving company said that they weren't aware of it. I was actually never paid for that day because I only worked 3/4's of the day.
     
  5. army judge

    army judge Super Moderator

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    1. As an employer in Texas, do I have to buy workers' compensation insurance for my employees?
    ................................................................................................
    Answer: In most cases, workers' compensation insurance is not required in Texas.
    ................................................................................................
    Workers’ Compensation
     

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