Workmans comp question Texas

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Workmans comp question Texas

Post  dawnadawna2 on Mon Sep 15, 2008 4:43 pm

My husband was injured on the job(he is a truck driver) over a year ago. He was unloading a pallet jack which was overweight(1400 lbs) and the pallet jack got stuck on the lift gate, the pallet crushed his heel bone. He has had 2 surgeries and has very limited use of his right foot. The last surgery fused his ankle in hopes to help with his pain. He has major tissue swelling still and his foot is deformed he has to wear inserts and order special shoes. We have stayed in touch with his employer and insurance on a regular basis. His w/c doctor has said that he will not be able to return to driving with the injury he has and has set him up for his second MMI. Our question is what next? He has of course been off work for over a year at a fraction of his pay(he used to work alot of overtime) we are in terrible debt and his work says they have no job for him unless he can drive. What are the options if he can never return to the only profession that he knows. What are his rights as an injured employee? What can we do?

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Re: Workmans comp question Texas

Post  JoeC (McGruff) on Mon Sep 15, 2008 11:57 pm

Have you spoken to an attorney? Texas is the only state I am aware of where Workman's comp is not the exclusive remedy.
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Re: Workmans comp question Texas

Post  bears00 on Tue Sep 16, 2008 2:00 am

My first question is what kind of driving job? It DOES MATTER. Does he hold a CDL?
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