If I was hurt at work and fired for it but my employer has no workmans comp, who out there is going to help me?

UPDATED: Oct 2, 2022

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If I was hurt at work and fired for it but my employer has no workmans comp, who out there is going to help me?

About 2 months ago, I had an accident at work. I’m a long haul truck driver and was injured enough not to be able to return to work. However, my employer at the time terminated me for getting hurt. I’m in a lot of pain right now. Also, I’m very tired and stressed because of my situation and no one is willing to stand up in my behalf.

Asked on October 9, 2019 under Personal Injury, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your employer is only liable IF your employer was at fault in causing the accident and your injury--liability is based on fault. So if your employer was at fault (for example: the accident occured becaue they did not maintain their trucks properly and the brakes or steering failed), you could sue them for compensation: medical expenses; lost wages; "pain and suffering." But if the employer was not at fault--for example, you were speeding or driving distractedly--then they are not liable and do not owe you any compensation.
If some third party was at fault (e.g. you were hit by another vehicle), you could sue that third party.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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