Texans for Workman's Compensation system Justice & Reform

Texans for Workman's Compensation system Justice & Reform

Started
October 12, 2022
Signatures: 196Next Goal: 200
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Why this petition matters

Started by Terry Smith

Please sign this petition to have Texas Workman's Compensation system Justice & Reform for legitimately injured employees. 

In the early 2000's, laws were passed to protect the employer, giving employees zero rights. In Texas an injured employee cannot sue an employer, their insurance company or the company Dr for negligence, pain & suffering, Compensation or even the mental stress put on an injured employee for all the financial stress or improper medical treatment. 

I have heard from many others that have or are currently experiencing the same treatment. Here is my story:

I worked unidentified, damaged freight on a freight dock. Part of my job was to take pictures with my own phone of damaged freight,  mis-labeled freight or any labels that may identify where freight belonged.  On 1-3-22 it was a fairly windy day, blowing lose items around the dock. As squeezed through pallets of freight that are commonly shoved against each other. I was stepping over 3 separate bundles of pipes/steel that was overhanging a pallet just behind me, to the left, when the top of my right boot, barely caught the last bundle. I immediately threw my left leg over to gain my balance. However, loose strapping from an adjacent pallet wrapped around my left ankle, tripping me. As I fell, I initially fell on my left knee & hand, dropping papers & phone that was in my right hand as it came down. Being as the dock was dirty, oily, my hands gave out & I faceplanted into the concrete. A driver happened to be on the dock, seeing me fall. He rushed over to me & asked if I was ok. I remember sitting there seemed like forever, my 1st thought was that I was ok. Before I gained my senses & realized I was not ok as blood was coming from my nose & mouth.  He went to get help & 3 coworkers got me inside to my supervisors office. I have the video of the accident. I was on the phone with corporate for over an hour explaining what happened, where I hurt (which at the time, everything hurt & I wasn't even coherent enough to make any decisions). I was then sent to drive myself with blood on my face to a clinic. No ambulance, paramedics or hospital.  Now, me never being injured ever on the job, thought I was doing the correct thing to follow my employer's instructions & that I would be taken care of. Wrong. Absolutely Wrong. The clinic only bandaged my knee, x-rayed my knees & face. They threw ibuprofen 800mg & physical therapy on me. Never addressed a head injury/concussion. I was at work the very next day as I'm single & have no other income.  By that afternoon I began throwing up, which continued for over 2 weeks, I couldn't even hold water down. The clinic refused to give me anything for the nausea. As the next couple of months went on, I continued to complain to coworkers, family, friends & the Dr that I was experiencing dizziness, running into walks, falling asleep sitting or standing up to feed my dogs, the "face" headaches, stiff neck, randomly dropping things, not being able to sleep at all, sometimes for 2 days, slurred speech, forgetting so much, even words in the middle of a sentence, ringing in my ears, couldn't taste, or waking myself up screaming,  sitting up, grabbing at things & yelling.  The company Dr. blew it off as "sounds like you have the flu". I would recently find out, none of my complaints were ever listed in the Dr's notes during my visits. Then on 3-25-22, I went to work & was brought home by my supervisor as they say I was being short with others, couldn't log into my computer & fell asleep.  Now mind you, my supervisor didn't notify my emergency contact, my daughter.  A coworker did. My daughter called me (I don't remember), & she later told me the minute I answered the phone she knew something was terribly wrong with me. She left work, got her husband & came over. I remember I was cleaning up a glass of tea I dropped when they got here, shortly after, I fell. I remember my son in law grabbing me up, holding me by the shoulders & telling me "there is something seriously wrong with you,  you need to go to the hospital. They got me to the hospital where I was admitted. I don't remember any of the ER, being admitted, going to a room, nothing. My daughter said the Dr's did not know what was wrong with me. They ran every test, for epilepsy, tumors, aneurysms, stroke, diabetes, Covid... the attending Neurologist diagnosed me with Post Concussion Syndrome from a TBI.  That my brain was healing & I would go through stages, some maybe not as bad, some as bad, as there is no specific healing. I do not remember driving home from work on 3-24-22, maybe 5 things from 3-25-22 to 3-26-22.  My daughter said I was parked almost sideways in the company parking lot when she went to get my car. As I was released over the weekend,  I again was at work on Monday 3-28-22, still on light duty because I had not been released from the company Dr to full duty, as I was still limping, hurting. They have never x-rayed my hip still.  They refused to pay for repairs to my front teeth stating my age & my teeth weren't great.  On 4-1-22 at approximately 3:30pm (the time I leave work), I was called into the supervisors office & told that until my neurologist released me to Full duty I could not return to work. At this time Workman's Compensation stopped paying me. They had been making up the difference in my pay checks as my company reduced my pay to half when I was put on light duty. But now, I wasn't being paid at all. Workman's Compensation denied paying the $30,000 hospital bill citing the episode on 3-25-22 was because of my migraines not a head injury, even though the CT scan & neurologist diagnosed me with Post Concussion Syndrome. . Mind you, I've had migraines for 40 years, before there were even migraine targeted medications. My pain level is high, so if I say I hurt, I hurt. I've had the same neurologist since the 90's, I've been on the same regiment of medication for well over 10 years. My migraines are well controlled & I have never, ever in 40 years experienced what I experienced on 3-25-22 with any migraine. My migraines start in the back of my head. The headaches I have now are in my face, in the part that was smashed against concrete. Since that time, I have went to numerous tests, jumped through all the Workman's Compensation requests, Functional Capacity Evaluation, to see my level if Impairment. A psych test that basically had me put things in order or reading a list & reciting the words I remembered, where they claim there is no Post Concussion Syndrome. Great I'm not senile or have dementia, but  never tested the physical aspects of a Post Concussion Syndrome that I had experienced. They rather diagnose my Impairment/disability than actually provide the proper medical treatment to possibly heal me.  Here I am 6 months later, no payments, no job, no x-rays on my left hip or hand. While the TBI seems better, I only experience a few issues here or there. I'm now told by my attorney in order to fight their tests, I have to find & pay out of pocket Dr's that can dispute their tests. My neurologist has already disputed, I'm waiting on an Orthopedic Dr. More money I do not have. I've worked my entire life since 14, sometimes 2 jobs, to end up bankrupt & near homeless. I am $15,000 in debt trying to pay bills & buy groceries. The years I should be planning my retirement,  I'm disabled due to inadequate medical treatment & I'm bankrupt trying to live, basic needs only.  I will either have to file bankruptcy or start a Go Fund Me to continue to survive. No one that's worked hard their entire life that gets legitimately injured, should not have their livelihoods, retirement taken away because the corrupt Workman's Compensation system & Insurance only looks out for & benefits the major companies. Companies that have millions & has insurance to pay for injured employees.  I have filed complaints with every organization I can think of, I've contacted the Attorney Generals office, I've contacted every news media about bringing this corruption,  this injustice brought to the forefront, the public. The only response I've received are from others going through or has gone through this corruption, this injustice. 

We need to come together,  demand reform, demand proper medical treatment, demand proper compensation. When we don't receive it, we should have the right to sue for negligence (which mine was from the beginning when they sent me to drive myself to a clinic), pain & suffering (for me 10 months now), for Compensation (for me 6 months now). To fight for employee rights! I can only do approximately 30% of what I could do prior to 1-3-22. Simple daily tasks, sweeping, mopping, vacuuming, going to the grocery store can make my pain go from the normal 5 to 15. The pain can be so excruciating that I'm unable to walk, stand or sleep.

Please sign & share this petition to change Workman's Compensation system to bring justice to working people everywhere. For employee rights, rights to prompt & proper medical care, compensation & the ability to sue for our pain & suffering, the negligence.

To the Texas Attorney General, the Governor of Texas, all the Senators, Representatives, we the employees deserve our rights & we will not stop until every injured employee gets the proper medical treatment, compensation, justice for our pain, suffering, mental stress. I am now disabled & will never again be able to go jog, ride a bike, play with my grandkids on the playground. I never received proper medical care, 10 months & whatever it is has healed back wrong. I am in bankruptcy because of this corrupt bureaucracy, this flawed, corrupt system. 

Every working American deserves equal, fair, prompt & proper medical treatment & compensation. We the workers are the backbone to every succesful company, yet we are treated as a liability, unfairly when an injury occurs. 

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Signatures: 196Next Goal: 200
Support now
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