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Diego: Hi Jason, I hurt my back and my neck at work. When I reported it I was told the company doesn’t have workers comp anymore. Is there anything I can do to get them to pay?

Jason:  Hi Diego, I’m sorry to hear about your injury. You can still seek damages from the company even if they don’t have a workers compensation policy.

Diego: I’m glad to hear that. What do I have to do?

Jason: Well, the first step is to seek medical treatment. Have you seen a physician yet?

Diego: Yes, he explained to me what was going on. It’s pretty bad, Jason. I may not be able to work for a while. And that worries me if they aren’t going to pay.

Jason:  Then I would contact a personal injury attorney immediately. Here in Texas, companies without workers comp can be held liable for damages. Even if the company was responsible for only a small fraction of what happened to you, you can seek compensation.

Diego: So I can sue them?

Jason: I’d have to review the details of your case, Diego, to be sure, but based on what you are telling me, it sounds like you could file a lawsuit.

Diego: I just don’t understand why they don’t have workers comp. I thought all companies like mine were required to.

Jason: Companies that opt out generally understand what they’re doing. They may try to trick you by offering something that sounds like workers’ compensation, but don’t let them fool you.

Diego: Really, like what?

Jason: Some businesses may try to get injured employees to visit their company selected doctor while others will offer some sort of compensation on their own.

Diego: Well neither of those sound all that bad.

Jason:  It may not sound bad at first, Diego, but if the doctor has the company’s best interest in mind and not yours, you may not get the medical attention you really need. It can take days or even months sometimes to fully understand the severity of your injuries.

Diego: That is a good point. But what if I saw my own doctor and still took the money if they made me an offer. I can’t work right now and I really need to pay my bills.

Jason:  It sounds tempting to take the money, especially if you are concerned about making ends meet. But in most cases, the amount they offer is significantly less than what your case is worth. Injury lawyers can also advance the costs of living to their clients while the case is pending so they don’t have to take a low ball offer.

Diego: Wow, that’s great Jason. Thank you for your advice!

DeSouza Law firm is a leading personal injury firm representing accident victims throughout Texas.

If you’ve been injured by a car, truck, 18-wheeler, company vehicle, or in the oilfield, call Jason DeSouza personally today at 210-591-9777 or 361-799-2222 or visit the firm online at

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