Sustaining an injury on the job can be an employee's worst nightmare, creating the stress of lost wages while recovering. Though it's the responsibility of companies to ensure a safe workplace, some Texas big-box employers opt out of workers' compensation and prioritize staffing numbers over safety. This happened to Susan* when she informed her employer she hurt her back during her shift.
Susan had been lifting heavy, oversized items while using a stepladder cart at work. Starting to experience severe back pain, she immediately alerted her boss to the work injury. When she requested a break, her boss said they were short-staffed, and she was to complete her entire shift.
Confusion Over Workers' Compensation and Medical Care
Susan was unsure if she could bring a claim against her employer because they often used the term "workers' compensation" as she went through her employer-referred medical providers for care and physical therapy. The company ultimately hired an orthopedic surgeon who said her back injury was not the result of a workplace incident but instead because of her weight, despite her gastric bypass surgery five years before, which reduced her weight during the time of the incident by about 150%.
Her company refused to provide additional treatment, and she didn't know what to do next. She had never experienced lower spine pain before the incident and was concerned about how this might impact her ability to care for her young autistic son.
Legal Intervention and Medical Treatment
Susan ended up having surgery to fuse her lumbar spine at two levels after a spine surgeon in the ICU consulted with her. When she came to us, we were able to prove the company's training on how to lift heavy objects was inadequate. Additionally, when hired, she indicated she wasn't comfortable lifting heavy items, and they agreed to accommodate her. On the day of the incident, they ignored her fears and instructed her to do the work.
Navigating Non-Subscriber Arbitration and Achieving a Favorable Outcome
As a non-subscriber, the company had an arbitration agreement requiring claims against the employer to be arbitrated rather than litigated in state and federal court. These non-subscriber cases can be confusing for employees dealing with an injury. We were able to help Susan navigate the process and resolve her case favorably to help pay for her past and future medical care, past and future physical impairment, and mental anguish. Now, she has the financial support to recover fully and enjoy more time with her child.
*Client's name changed to protect their privacy.