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If I lose to workmans comp can I be made to pay them back in Texas

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  • If I lose to workmans comp can I be made to pay them back in Texas


    I have a friend who was in an accident April 8, 2004. He basically crushed his pelvis, sustained spinal cord and neck damage. They replaced his hip with steel plates and he still walks with a limp. Social Security has declared him disabled.

    My question is that there were cocaine metabolites found in his blood work after the accident and he was fired from the company he drove for while he was still in the hospital because of these results.

    Texas Mutual now has a civil suit against him because of the "metabolities" found in his urine samples. If he looses the suit because of these "metabolities" will he have to reimburse Texas Mutual for the medical services they have paid for to date, the wages they have paid him to date and can the Insurance carrier for the semi he totalled sue him for repayment of the semi with cab over that he totalled? Can the company whose product he was carrying sue him for the lost product?

  • #2
    If it is found that he should not have received benefits and in fact did so fraudulently, yes, he can be made to pay back what he received. Being under the influence of drugs or alcohol is nearly always a reason to deny benefits. The only state I know of without such a provision is Arizona and that is fairly recent and could very well change again soon.

    WC would not affect any third party suits that may be filed though his corporate liability policy may not cover it if being under the influence nulls the policy. Whether he can be sued as an individual or whether his employer holds liability is very fact specific and is something that should really be discussed with a lawyer. He could be held criminally responsible, but not civilly liable, or vice versa, but that really gets beyond employment and WC law and should be directed to a lawyer who has all the facts.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


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