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RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 13754
Experience:  Experienced in multiple areas of the law.
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Part time employee. No benefits Tripped on cart at work.

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Part time employee. No benefits Tripped on cart at work. Busted knee and foot. Filled out incident report. Just wondering --- do I have any options. I don't mean suing for millions. But --- F--- I am entitled to something more than just ointment and a bandage, is this worth following up on? Some sort of settlement? Just wondering.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: Incident report
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Customer: replied 1 month ago.
Ok. I'm sort of wanting to keep this very discreet and low key so if I DO go through with this, I won't receive any retaliation from my job.
Customer: replied 1 month ago.
I told my supervisor that IF I had been a customer, there is no telling what a customer would do.
Customer: replied 1 month ago.
Just wondering if, since I don't have any benefits (medical, etc.) should I just move on with life.

Good evening,

Under Texas law, you would be eligible to file for worker's compensation. Your injury will only be covered by workers’ compensation if you sustained the injury while performing under the “scope of employment.” This means that if you were injured while you were at work and doing your job, your injury may be eligible for a claim. Even if the injury was your fault, Texas workers’ compensation laws ensure that you are covered, unless your injury was the result of intoxication or willful negligence.

In Texas, you have 30 days from the date of your injury (or 30 days after learning that your illness or injury was work-related) to inform your employer.

You can qualify for medical treatment and if you need time off from work, income benefits. An employer cannot retaliate against you (such as terminating you) for filing a worker's compensation claim.

If your employer doesn't offer worker's compensation then your only alternative -absent some type of agreement with the employer directly, would be to sue the employer.

Customer: replied 1 month ago.
Ok, that's what I needed to know. Thanks. Be blessed.

My pleasure! Please remember to leave a positive rating for me by clicking on the stars, otherwise the site will not credit me for my time and assistance. And I hope you heal up soon -sounds painful!

RobertJDFL and 3 other Employment Law Specialists are ready to help you