What are my rights regarding my employer’s responsibility to pay for my continued medical costs and compensate me for chronic pain due to the work related injury?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights regarding my employer’s responsibility to pay for my continued medical costs and compensate me for chronic pain due to the work related injury?
I was injured at work and have had chronic pain ever since. I am employed by a private employer in the state of Texas that does not subscribe to the Texas Workers’ Compensation System they have their own independent coverage. My claims analyst told me that I have reached maximum medical improvement, no further medical treatment will be authorized and my case is closed. My personal physician and a specialist confirmed that my injury is permanent, prescribed pain medication and confirmed the chronic pain is a result from the workplace injury.
Asked on June 27, 2017 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Why do you believe they they have a responsibility to pay for your continued medical costs and chronic pain? Unless you have sued them and gotten a court judgment in your favor against them giving you an award for future costs and "pain and suffering," they do not have an obligation to pay for these things. Once you have exceeded the coverage they/their insurer provides, the only way to get more compensation or payment is to sue them, prove in court that they caused or are at fault for your injury, that you need continued care, the cost of that care and that it will benefit you, and the extent of your injury and the disability/life impairment you suffer. This may be a complicated, expensive lawsuit, since you will need medical expert testimony, for which you will have to pay. But unless you do that, once the police limits are reached, they do not owe you anything further.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.