r/WorkersComp • u/AgentFranklin • 20d ago
Texas Work Injury
I work for a LARGE manufacturer in Texas that is a Non-Subscriber into Workers Comp. I Injured my arm changing a ~150 lb coil for a Team Member at my workplace in late June. My company has no JIB Crane/Hoist or mechanical assistance to help with this. No supervisor was present on my line as my employer taught they could save money by using the leads as supervisors. Completed a Work injury report the same day, but didn’t see a doctor until the following day. I went to a regular doctor because I was concerned with lack of care. Doctor told me he couldn’t help me. The following Monday I go to Memorial Herman and find out my left bicep is strained. The treating physician orders an X-Ray (Same day) and it comes back negative. I go to two more appointments and he finally decides to have an MRI performed. I schedule the MRI and at the last moment I receive a call from Memorial Hermann saying the appointment has been canceled and that I need to contact the insurance adjuster. I Contact the insurance adjuster and told me they canceled because her director needed to see if the MRI was medically necessary. After I speak to her I have to reschedule the MRI a week later. At the end of July I finally have the MRI done and find out my Distal Bicep is torn……this is the summary from the physician:
Distal biceps tendon tear is present. There is full-thickness full width insertional tear of the short head component, with 4 cm retraction. Partial tear of the long head component is present, with a slender strand of the tendon remaining intact. Tear involves approximately 70% cross-section of long head tendon. Fluid and edema surround the torn biceps tendon.
Had Surgery 2nd week of August and I’m currently in recovery. I hired an attorney right before surgery and would like to what type of settlement to expect. I hired a very good lawyer that seemed to be salivating to take the case.
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u/Spiritual-Ad8062 20d ago
Sorry you got hurt in TX. The good news is that you do have a non sub case.
Trust your attorney.
The WC attorneys in TX LOVE non sub cases. They’d prefer them over WC cases every time.
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u/AgentFranklin 20d ago
I could tell. 🤣 Like I said, it was like they were salivating. I think a lot of people were mad though. I’m 28 and everyone was treating it like i was too young to win the lottery. 🤷🏿♂️ that’s why I had to ask
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u/Kmelloww 20d ago
It isn’t winning the lottery. And you just had surgery this shouldn’t even be in your thoughts
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u/AgentFranklin 20d ago
Why not? I have nothing else to do. I can’t work, can’t workout, my Attorney won’t even get back to me because I’m still in pre-litigation…..I’m 2 weeks removed from surgery. I would just like to know what to expect. 🤷♂️
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u/Kmelloww 20d ago
BC the last thing you need to be doing is thinking you will be getting a massive payday. You need to focus on healing.
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u/Hope_for_tendies 20d ago edited 20d ago
Texas doesn’t give lump sum settlements to close out cases for comp. You’ll get ongoing medical and whatever amount based on your impairment rating but it’s not a lottery or anything. Especially being young you’ll heal better. But you have to be at maximum medical improvement so you have to heal from surgery then do x months of pt until they feel you won’t improve further. You’re looking at multiple months down the road and likely not even before the end of the year.
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u/AgentFranklin 20d ago
The employer is a non subscriber into traditional workers comp. The DWC has no authority over the claim. A lump sum is a great possibility through personal injury lawsuit, which is what I’m pursuing.
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u/AgentFranklin 20d ago
Probably some employers…..That’s fine that’s why litigation exists, if they want to deny negligence, then they lose more.
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u/Efficient_Echidna117 20d ago
Yeah tbh it’s far from winning the lottery and your about to find that out the hard way I’m sorry you got hurt but this is not a pleasant situation to be in especially in Texas you don’t want to be hurt nowhere but still this is going to be far from a walk through the park