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?

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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 3 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.


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