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

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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

Answers:

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

Answered 5 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.


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