Is my boss liable for my doctor bills reggarding an at-work injury?

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Is my boss liable for my doctor bills reggarding an at-work injury?

I got a chemical burn at work but the symptoms didn’t show up until hours later. My boss’s insurance won’t cover me because they claim there is no way for them to know that it actually happened at work.

Asked on April 21, 2011 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The issue here is proof or evidence, not law. Under the law, IF you were injured at work, then the employer should be liable in one way or another: either you should be able to receive compensation through worker's compensation, or you should be able to sue the employer for compensation. (Note: if you are suing, you do have to prove fault; so if the reason you were injurred was you misused chemicals or applied them in an unsafe way, you might not be able to recover.)

But as you say, an insurer won't pay if they don't think their insured is factually responsible--so, for example, if they don't believe you were injured at work.

There may be ways to prove that you were injured at work, through medical tests, expert testimony, etc. It may not be economically worthwhile going to that length or expense, however, depending on how severe your injuries and what medical costs you incurred.


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