(210) 995-4430
Center for Injured Workers, Inc.
A Non-Profit Corporation
CIW
The Injured Worker
When people talk about injured workers, they say “malingerer”, “dead beat”, or “fraud”.  People believe that
because employees injured in the course and scope of employment are covered by workers’ compensation, the
insurance adjuster lays out the red carpet when an employee gets injured on the job and then pampers them
back to work.

The reality is that more than likely the injured employee is denied coverage or experiences delays in getting
income and medical benefits.  For the injured worker the world changes.  He/she starts facing abuse, harassment,
and outrageous treatment.  After he/she reports the injury, coworkers and their supervisor look at them with
suspicion and contempt.  Unless there is a serious musculoskeletal injury, the company doctor treats the injury as
a soft tissue injury and sends the injured employee back to work, where he/she is more likely to contribute to the
injury of another worker or sustains another injury or aggravates his/her preexisting condition.

Serious injuries and the aggravation of the injury, subject the injured worker to strong narcotics to relieve him/her
from the excruciating pain from the worsening condition.   The strong narcotics not only cause damage to the
physical body and the immune system but also adversely affect the emotional and psychological behavior as well
as the digestive, urinary, neurological, cardiovascular, hormonal, and lymphatic systems which contribute to nerve
and large and micro-tissue inflammation and stomach, liver, digestive tract, kidney, and synaptic problems.

Doctors diagnose the multiplicity and complexity of symptoms reported by the injured worker but under pressure
from the workers' compensation insurance companies attribute many symptoms to malingering and symptom
magnification (exaggeration of symptoms) or attributing the adverse effects to general diseases of life, which are
not compensable.

The injured worker finds himself/herself without weekly payments and without payment for medication drastically
needed to minimize the pain from the damaging and destructive effects of the injury.  Without indemnity payments,
the injured worker is prohibited from getting representation by a licensed attorney and is left to getting assistance
from an overburdened ombudsman from the Office of Injured Employee Counsel (OIEC) who at most spends 15
minutes with the injured worker before a BRC or CCH.  Once injured, an employee finds himself/herself as a
persona non grata or fully unacceptable or unwelcome .

Most injured workers who come to the Center for Injured Workers, Inc. (CIW) have been rejected by those that
can help and have nowhere to go.  CIW is the place of last resort.  Without CIW, they may lose their vehicle,
home, family, and/or end up as an injured homeless indigent or divorced, incarcerated, or committing suicide.

What you just read sounds incredible and yet it is true.  We have workers’ compensation benefits for injured
employees, but the system is riddled with complexity, unfairness, and is biased against the injured employee.  
There is an excellent court case that brings insurance carrier abuse to light.  In Aranda v. Insurance Co. of N. Am,
748 S.W.2d, 210-213 (Tex.1988), the Supreme Court of Texas held that “there is a duty on the part of workers’
compensation carriers to deal fairly and in good faith with injured employees in the processing of compensation
claims.”

Because the Texas Workers’ Compensation Act empowered insurance carriers with great disparity of bargaining
power and exclusive control over the processing of claims, the Supreme Court of Texas held that insurance
carriers have the duty of good faith and fair dealing  with injured employees in order to prevent unscrupulous
insurers from taking advantage of the injured employees’ misfortunes as they seek workers’ compensation
benefits and the resolutions of claims.

The Court further held that “The injured employee, from the date of his/her disability, relies on the compensation
carrier for weekly disability benefits and payment of medical payments.  The injured employee is dependent on
the carrier for protection from the economic calamity of disabling injuries.  An arbitrary decision by the carrier to
refuse to pay a valid claim or to delay payment leaves the injured employee with no immediate recourse.”  “. . . the
mechanisms provided by the Workers’ Compensation Act do not afford immediate relief to the injured employee
who is denied compensation.”  While the Division of Workers’ Compensation (DWC) and/or OIEC “may ultimately
rectify the carrier’s unreasonable failure to pay benefits for compensable injuries, the injured employee may in the
interim incur substantial damages because of the inability to meet basic living expenses or pay for medical care.”
For unrepresented and defenseless injured employees, CIW is the place of last resort, that is, the last possible
course of action open to the injured employee.

CIW is the cradle of hope for the injured employee.  CIW does not assist or represent an injured employee under
the provisions of Texas Labor Code §401.011(37) and §410.006(a) and 28 Texas Administrative Code §150.3(a)
(3).  Instead, CIW acts on behalf of a claimant as permitted by TDI/DWC and OIEC because the Texas Labor
Code only provides the Division with monitoring of representatives, not persons acting on behalf of claimants.  
CIW provides fee-based education and training on the rudiments of workers' compensation so injured employees
can make informed decisions as they fight to preserve their workers' compensation benefits.  CIW and an injured
employee enter into a contract through the use of a sworn specific power of attorney under the provisions of the
Texas Government Code §552.023(a) and the Texas Labor Code §402.084(b)(1).

Carolyn Arambula, who is the Executive Director, and John Arambula, who is CIW's Board President, do not
receive a salary or fee or remuneration directly or indirectly from any fee (tax deductible charitable contribution)
CIW receives from an injured employee.  CIW, as a nonprofit organization, does not by law distribute revenue to
its owners. Any revenue retained by a nonprofit is used to propagate the purpose of the organization.

CIW's goal is to receive adequate tax deductible charitable contributions to be able to provide free education and
training to injured employees so they will not become victims to the system that is supposed to help them.  To help
CIW achieve this goal, please send generous charitable contributions to CIW.  Please click on the PayPal "VISA,
MC" Donate icon and you’ll be guided on how to send your charitable contribution.  Thank you.