Joellyn Swope works as a house well being providers supplier within the Houston space. One in every of her sufferers was in a semi-comatose state, and “lacked acutely aware management over her bodily motion,” based on Swope. She was aiding this motionless affected person by herself, with no different coworkers within the dwelling.
Swope observed that she was having issues lifting the affected person by herself. She voiced these issues to her employer, Epic Well being Providers, Inc. DBA Aveanna Healthcare. Nevertheless, as a substitute of discovering an answer to assist Swope efficiently assist the affected person, Aveanna Healthcare reprimanded her for “criticizing the affected person’s weight,” as acknowledged within the unique petition.
On Might 14th, 2017, Swope was making an attempt to bodily elevate her affected person when the affected person’s weight shifted, inflicting them to roll onto Swope’s wrist. As a result of affected person’s incapability to manage their bodily actions and Swope’s issue lifting the affected person alone, Swope’s wrist grew to become hyper-extended, leading to harm. In response to the Harris County District Court docket, on March 4th, 2019 Swope filed a lawsuit towards her employer for ignoring her complaints regarding her security whereas administering incontinence care. As the plaintiff, Swope is looking for unspecified financial damages and a jury trial.
In response to Texas Staff’ Compensation Legislation, employers will not be required to offer harm protection. If they don’t, they’re able to be tried in a private harm lawsuit.
The Texas Workforce Fee (TWC) states:
Being a “non-subscriber”, i.e., going “naked” or with out protection, leaves an employer open to private harm lawsuits from workers who’re injured on the job – the damages and legal professional’s charges are virtually limitless.
In case you have been injured at work, you will need to alert your supervisor instantly so you’ll be able to get well employees’ compensation advantages. After submitting your harm report along with your human relations division, communicate to a private harm legal professional to find out if in case you have a bigger authorized case to pursue.
Have you ever not too long ago been injured by the fault of another person? After greater than 25 years representing harm victims in automotive wrecks, truck wrecks, and motorbike accidents, the skilled workforce accident attorneys at Reyes Browne Reilley have seen the implications of negligence first-hand. In case you have sustained accidents due to a automotive wreck which was not your fault, contact us now for a free and confidential case evaluation. Fill out our kind on-line, or name (214) 526-7900, and we’ll get you on the highway to restoration.