What are my rights if I was injured on my job from from a mite-infested tree falling through a roof?

UPDATED: Sep 30, 2022

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What are my rights if I was injured on my job from from a mite-infested tree falling through a roof?

My employer doesn’t have workers comp, as well as refusing to acknowledge there is even a problem. I’ve been on unpaid sick leave, for 6 weeks now.I have 7 days of vacation owed to me but he is not wanting to pay it. I have tried to return to work but was told he has no work for me.

Asked on November 19, 2015 under Personal Injury, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You don't need to file for workers compensation.  The worker's comp program in Texas is managed by the Texas Department of Insurance.  They have a division called the Division of Worker's Compensation.  The full title and abbreviation is "Texas Department of Insurance - Division of Workers' Compensation" or TDI-DWC.  You can go to their website and obtain all of the information necessary to file a claim.  They have instructions in English and Spanish.  They also have an office that is designed to help employees file their claims.  Many people use this program... but others also use private attorneys.  Either one is a viable option.
The advantage of filing a worker's comp claim versus an unemployment claim is that it addresses multiple claims:  your loss of wages, medical expenses, and rehab services so you can get back to work.  Unemployment only focuses on wages.

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.

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