My father was working for a store in Texas as the manager. He came in one morning, only to find 3 robbers in his office trying to steal the safe. They tied him up and beat him severely, almost breaking his back. This was almost a year ago.He has now gone through back sugery and is in constant pain, not even able to tie his own shoes or bend over. He is kind of stubborn and doesn't want to hire a lawyer. I have been trying to convince him to, but to no avail. What are his rights in the state of Texas for this kind of injury? What should I do to convince him that hiring a lawyer is his best course of action? I need some help here!
2006-12-05 13:00:07 · 5 answers · asked by Autumn_Anne 5 in Politics & Government ➔ Law & Ethics
I'm not sure what the law is in Texas, but I'm pretty sure he would have to bring a civil suit against the robbers. If the criminal proceedings have already taken place against the robbers, that should make it a little easier. He should be able to recover lost wages and medical bills (at least). I would try to convice him to at least talk to an attorney. Some attorneys will take a look at your situation for no fee, or offer you a referal.
2006-12-05 13:11:52 · answer #1 · answered by dorahg 2 · 3⤊ 1⤋
The comments on workers comp are pretty spot on. IF he is getting Workman's comp, what do you want him to get a lawyer for?
To sue someone? Who? The robbers? The store?
I guess he could sue the store for not providing enough security....
Also, if he is REALLY messed up, and cannot work at all, he can also try for disability through Social Security.
But if you want to get a lawyer, hire some Texan to come and talk to him. One on one without you there, and then let him think about it and decide. That is the way my Missouri Dad is....you can lead a horse to water....
2006-12-05 13:16:12 · answer #2 · answered by t S 4 · 3⤊ 0⤋
DoraHG, if the robbers are in prison, they don't have any money to sue for. So........
Now for your question, Autumn: I hate injury comp because of their Nazi tactics with your doctors and personal life. I've known people that committed suicide after being harassed by worker's comp "investigators" for months while they were recovering from horrible injuries. They also only pay marginally. Your dad can't live off it.
Instead, your dad can hire an attorney and sue the store for not providing proper safety for him, etcetera. Just please be aware that these cases can take years and years before the company settles. They hope you (or your dad) will die before they have to pay.
Some will go ahead and pay a small settlement to get him to go away, but that depends on the company's record doing so. Don't ever do a sign-off. Back injuries cause other physical problems over the years, and your dad might need multiple surgeries twenty years from now. You want the best when dealing with your spine, too.
Also please know that the attorneys are going to take most of the money. In addition to what they normally get, like 50%, they will also bill your dad for every pencil, every long distance phone call, every lunch with their secretary.
My dad was severely injured in a car accident, in a company car on his way to work, by a man who ran a redlight in another company vehicle. His back was broken, among many other injuries, at the age of 42. He wound up with almost nothing. Everyone accused everyone else of being liable, and no one would pay for treatment, including worker's comp.
When he got the pay-out years later, it was almost zilch because of the lawyer "fees." He was totally worn out from fighting all that, plus dealing with spinal fusion, hips replaced, etcetera.
So please be careful, be smart and be aggressive with any attorney you approach. Ask them up front about potential costs, length of time, and so forth. Make sure your dad can handle it, because he'll most likely be harassed to pieces by the corporate offices, including being taped at doctor's offices, etcetera. They will do whatever necessary to prove he isn't hurt, just like worker's comp.
Good luck to both of you. This is a hard decision. I wish I had been older at the time and could have been more help to my own dad. I didn't know much about the legal system then, or about lawyers :-)
Oh, and we're still fighting decades later for medical benefits and assistance now that his health is continuing to deteriorate from side effects of the accident. You get in that Catch-22 of work-related injury versus Medicare versus.....no one wants to pay.
So be tough. I definitely think your dad should get compensation, but it may be up to you to carry the ball for a long, long time until it's resolved. Suing the company for pain and suffering might be the only way to get a nest egg for your dad's old age. He'll need it.
2006-12-05 13:12:13 · answer #3 · answered by His Old Lady 3 · 4⤊ 0⤋
He's getting worker's compensation, right? Because, if he didn't, he should have gotten it and keep getting it as long as he can't work.
Worker's Comp. is also supposed to cover all his medical bills. Sometimes, they're cheap b@st@ards and don't want to provide all the medical help that's available and, then, a person has to get a lawyer to push the issue. Same with if they get cut off the benefits when they still can't work... or can't work and never got the benefits.
Good luck in convincing him. I've met few people as stubborn as Texan males. Do a google search and check on worker's compensation law then show him what you find. Generally, he would have had to file a "notice of injury" within a certain amount of days of when he got hurt in order to protect his rights down the road. (Though a lawyer can show you ways around that rule.) Under Worker Comp. law he's entitled to medical care the rest of his life for the injuries and, if he wants, he can get a lump sum settlement.
2006-12-05 13:05:17 · answer #4 · answered by Anonymous · 0⤊ 3⤋
he better hurry statute of limitations comes into play.
2006-12-05 13:05:05 · answer #5 · answered by kyle_presley2002 2 · 2⤊ 0⤋