Texan Wants Companies to Write Own Injury Laws 

Bill Minick, a mild-mannered Texan lawyer, is rewriting the rules on how companies take care of injured workers. Thanks to plans written by him, many of the largest employers in Texas have already opted out of state workers’ compensation laws and written their own. According to Minick this move is not only cheaper for employers – it’s also better for the workers. But is this really true, or are hardworking, loyal employees being sold up the river without a paddle? 

State workers’ compensation pays out medical benefits and provides wage replacement for employees injured at work. In return for accepting these benefits, the worker relinquishes their rights to sue the company for negligence.

The plans written by Minick’s law firm have been independently analyzed by experts and the investigation found that most of the new injury benefit plans taken up by companies such as McDonalds, Taco Bell, Sears, Walmart and other big employers are extremely restrictive, offer lower benefits, and are not regulated by an independent body.

A Duty of Care

10910847_lThe whole premise of workers’ compensation is that an employer has a duty of care to his employees. If a worker is injured through the course of his job, the law in every single state requires that the employer covers the cost of medical bills and a proportion of lost wages until the worker is able to return to work. And if this never happens because the injury is too severe, then the payments continue for life. This is a huge expense for employers, so it is not surprising that they have been looking at ways to cut the cost of funding workers’ comp.

Employers Opting Out of Workers’ Comp

personal-injury-casesWhen Bill Minick came up with the idea of allowing employers to opt out of state workers’ compensation laws and write their own plans, it must have seemed like manna from heaven to corporate America. Sadly it has been anything but for the people at the other end of the line: the workers. If you want to be well informed at the time please consult http://www.mahanyertl.com/2015/whistleblower-claims-based-cgmp-violations-dead/

Under the new plans written by Minick, treatment ends after two years, the list of things not covered by the plans runs to several pages, and employers have complete control over what treatment an employee receives, who they see, and how often they have to be examined. If a worker refuses to accept what’s on offer, they relinquish their rights completely.

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The Opt-Out Movement Marches On

Following his success in Texas, Minick began targeting companies in Oklahoma, encouraging them to lobby for a change in the law. Eventually a bill was passed allowing employers to opt out of workers’ comp. Minick has since started the push to introduce his bill into Tennessee and has settled on his next target: South Carolina.

Critics of the new plan say it is a regression back to the bad old days when workers had no rights at all. Workers injured under the new plan are in agreement, with many discovering they are no longer covered. Even worse, if an employer opts out of workers’ comp, employees are no longer protected if an employer fires them in retaliation for making a claim. So whilst Minick and his corporate friends are keen to keep pushing for changes in workers’ comp, the workers affected by the changes are struggling to see how things are better for them.

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Surviving A Personal Injury

After a personal injury, a lot of people feel disoriented and they don’t know exactly what today should you do.  Whether you had had a personal injury yourself, or someone close to you, there are certain things which you should do in order to protect yourself and others. 

Firstly, you should seek medical help.  This is by far the most important aspect of an injury which must be covered in the very first moments following the accident.  Even many in the injuries are not apparent, you should seek medical attention.  Medical examiners will compose a medical report which will come useful in other stages of legal matters.  Therefore, you or a journey will advise you to visits medical examiners that will compose a medical report.  Moreover, some injuries only show months or weeks after the accident. If you haven’t mentioned these injuries to a doctor, you basically don’t have any coverage from the legal perspective from Personal Injury Attorneys.  Therefore, even though you all are not aware of some medical issues, you should mention them to your doctor, because   some symptoms, such as injuries of the soft tissue or brain injuries, may take weeks and months to develop, and they should not be neglected or overlooked.

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personal-injuryAfter seeking immediate medical help you should contact your attorney. The best would be that you find a personal injury attorney who is experienced in this branch of law and who has had previous success when it comes to cases that involve personal injuries. A good and knowledgeable personal injury attorney will point you to the right directions concerning medical examines you should take and they will take the care of your case. Therefore, it is essential that you find a personal injury attorney that you will be able to trust and who will provide you with appropriate legal advice. Also, it is convenient for you if your personal injury attorney accepts contingency basis payment, which means you he will get a percentage off the sum you are paid from your insurance, then both of you will work towards the same goal.

Sometimes, attorneys have left their clients when they haven’t accepted their advice of accepting a sum suggested by the insurance company. Speak to your attorney before you hire them and make sure that your attorney will comply to your wishes as a client. This will save you from problems which might arise later. Also, it is important that you work with your attorney and provide all the necessary data and visit the medical examiners.

Pasadena-personal-injury-lawyerWhen it comes to compensations which you should receive, your attorney is the best person to inform you on this matter. However, you should know that common compensations include the following: prescriptions, doctors’ visits, medical equipment, funeral expenses, loss of companionship, lost wages, pain and suffering and punitive damages.

Disclaimer: This article is not a substitution for an expert legal advice. If you have had a personal injury it is advisable that you contact your personal injury attorney who will provide you with relevant advice on this legal matter.

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