I hurt my back at work and my employer does not carry workman’s compensation.?
I hurt my back at work. My employer does not carry workers compensation. The employer is telling me that they will not cover me to go see the doctor of my choice and that i have to go to the doctor that the emergency room is telling me to see. The doctor that the hospital is referring me to is a family practitioner and not a back specialist. Can they do this by law?
I live in the state of Texas
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You don’t mention the state you live in but since he isn’t protected by the work comp laws then you go see what ever doctor you choose and then sue him for the costs. I would also contact your states Workers’ Compensation Commission.
Contact the worker’s comp agency of your state. Carrying worker’s comp is not optional. Your claim will be judged on the merits, not on your employer’s wishes. The employer will be ordered to pay what he should, and will be ordered to pay all back premiums and may also be fined.
The STATE is TEXAS… WC in TX is not mandatory for all
employers…however all employers are liable for the injuries of
their employees. Go here and make yourself familiar with the WC
laws in Texas… thats’ your first line of action. The comp laws in
TX are explicit, and you should not need an attorney… there are
no ‘settlements’ on work comp claims/injuries in TX.
Something doesn’t sound right here (not on your end). In every state that I can think of, Workman’s comp is not optional. The employer can be self-insured but not have any coverage at all. If they are self-insured, they can make arrangements with local facilities.
If their arrangement is with a specific facility, they can require you to use the persons directed by that facility, if you choose to go to another provider it is at your cost. If you can indicate that you are not receiving proper care, then there are additional options.
I would recommend seeing the GP. It’s possible after an initial consult he or she will refer you to a specialist (in fact, many plans require a GP consult and referral). If you do not feel the GP is the right doctor AFTER a consult, ask them about other options.