Joellyn Swope works as a home health services provider in the Houston area. One of her patients was in a semi-comatose state, and “lacked conscious control over her physical movement,” according to Swope. She was assisting this immobile patient by herself, with no other coworkers in the home.
Swope noticed that she was having problems lifting the patient by herself. She voiced these concerns to her employer, Epic Health Services, Inc. DBA Aveanna Healthcare. However, instead of finding a solution to help Swope successfully help the patient, Aveanna Healthcare reprimanded her for “criticizing the patient’s weight,” as stated in the original petition.
On May 14th, 2017, Swope was attempting to physically lift her patient when the patient’s weight shifted, causing them to roll onto Swope’s wrist. Due to the patient’s inability to control their physical movements and Swope’s difficulty lifting the patient alone, Swope’s wrist became hyper-extended, resulting in injury. According to the Harris County District Court, on March 4th, 2019 Swope filed a lawsuit against her employer for ignoring her complaints concerning her safety while administering incontinence care. As the plaintiff, Swope is seeking unspecified monetary damages and a jury trial.
According to Texas Workers’ Compensation Law, employers are not required to provide injury coverage. If they do not, they are able to be tried in a personal injury lawsuit.
The Texas Workforce Commission (TWC) states:
Being a “non-subscriber”, i.e., going “bare” or without coverage, leaves an employer open to personal injury lawsuits from employees who are injured on the job – the damages and attorney’s fees are almost unlimited.
If you have been injured at work, it is important to alert your supervisor immediately so you can recover workers’ compensation benefits. After filing your injury report with your human relations department, speak to a personal injury attorney to determine if you have a larger legal case to pursue.
Have you recently been injured by the fault of someone else? After more than 25 years representing injury victims in car wrecks, truck wrecks, and motorcycle accidents, the experienced team of professional accident attorneys at Reyes Browne Reilley have seen the consequences of negligence first-hand. If you have sustained injuries because of a car wreck which was not your fault, contact us now for a free and confidential case review. Fill out our form online, or call 214-526-7900, and we will get you on the road to recovery.