Questions Answered by S. Michael Graham
Q: Advise on workers comp case needing to go to district court.. ombudsmen didn't file a timely appeal..
If you didn't get the appeal from your decision and order filed on time, you would have a very difficult time filing in district court. Also, if you lost at the administrative level (CCH), there are almost no attorneys that would be willing to take your case in district court since we have no way... Read more »
Q: Are you able to change jobs while seeking treatment under workers comp/Sedgwick?
I want to change jobs, but I was told once you leave your job your treatment through workers comp/Sedgwick stops at the door.
If your claim is through the Texas Department of Insurance, Division of workers' compensation, you can change jobs without effecting your workers' comp. Your claim is with the Insurance Carrier and not the employer. However, before you change jobs you want to make certain that you actually have new... Read more »
Q: I'm still on WC, and DR. care and restrictions have not got an MMI... Employer call said about FMLA is about to expire.
Not sure they are getting the 73. ask about if I was on restrictions, to see if they can find something for me or said maybe I would have to resign... Kind of confuse why would they put me on FMLA when it's a work injury not ask to for leave to take care of a family member...
FMLA is based upon a federal statute that allows an individual to be off from work for 12 weeks and the employer cannot fire them "for being off work". After the 12 weeks expires, unless the company has a different policy, they can terminate your employment despite the fact that you are off for an... Read more »
Q: I work for a public school district. I got my foot tangled in an electrical cord and fell on concrete breaking my hip.
I took sick leave in lieu of a workers comp check. WC approved that but didn’t tell me it would cause problems. I also worked another job before breaking my hip in several places. Now they say I can’t draw compensation for the second job. Is this right or should I be able to draw a percentage... Read more »
Sorry for the late response. I have been on vacation the past weekend in Mexico, but I'm back in the office now. If you can document dual employment, then the school district (self-insured) would be liable to pay you a portion of your wages from both places of employment in most cases. Feel free to... Read more »
Q: I tore my ACL ,meniscus etc in my leg so I am receiving workers comp but now aggravated a previous back injury WTD?
So how does this injury affect my current case ?
I feel like I’m unfit for even light duty now .
Also my employer knew about the back injury and made me sign a paper stating I couldn’t sue them for any future back problems if I returned to work which I obliged due to bills and... Read more »
You would definitely need to go to a BRC hearing before the division to sort this out. This is essentially an "follow on injury". These are very hard to prove up at a hearing. You should consult a workers' compensation attorney directly to discuss the matter.
Q: I live in Amarillo Texas and on WC. Do they have to pay me for wages lost due to drs appointments and physical therapy?
I have lost a lot of time due to Dr’s appointments and physical therapy I even missed time to go see a neurosurgeon 250 miles away during work hours. Do the have to pay for the time time that I missed during the day when these appointments?
You should be entitled to partial temporary income benefits, if you are not earning your average weekly wage. If you have doctor's appointments that are over 30 miles one-way and there are no other closer doctors, then you would be entitled to mileage too. My advice would be to get a workers' comp... Read more »
Q: The insurance adjuster I have said they are not workers comp the have there own insurance. I have been trying to get the
adjuster to call me back. I left several messages on her voicemail, she would not call me back until Monday February 11/2019. She said she closed my case because the doctor released me. I told her that the doctor said I should get a second opinion, and I left her messages. She said she was going to... Read more »
You need an attorney who handles personal injury/ non-subscriber claims. If the employer was at fault for your accident, you can sue them. You might be able to get additional treatment by contacting an attorney's office that will help you find a doctor and get a second opinion.
Q: I work for Walmart was injured on the job the insurance company is giving run around do I need an attorney
Insurance company is stating that pre-existing condition contributed to the extent of my injury which is not true. Are putting me off from week to week and have also asked me if I have personal insurance was told by them that they have to make a determination on how to help me and what they can... Read more »
Unfortunately, in the great state of Texas. Unlike any other state in the United States, the legislator has determined that workers' comp insurance is optional. Walmart doesn't carry workers' compensation insurance. Essentially, this allows them to deny, dispute, and otherwise not pay claims... Read more »
Q: Are schedule injury benifits suspended from when i was arrested and incarcerated or when i was convicted ?
My conviction was overturn after 7 years. Can i get the $500. Schedule injury back pay ? Arizona workman comp.+
When you start missing time from work, so it would normally be from the date of incarceration.
Q: Can employer force you to file a workers comp claim for an injury that occurred outside of work, not in the work place?
Only one day of work was missed, and the employee was fine to return to work the next day. The injury was unrelated to the job, happened outside of work; and the employee doesn't need workers compensation, just a day to rest at home and take some medication. Can the employee refuse the workers... Read more »
There is no reason to file a workers' comp claim if the incident was not work related. Work related injuries can occur off the premises if the incident occurred while you were in the course and scope of employment.
Q: I need a lawyer that will take my workers comp case. I was hit on right hand back side and have 2 fractured vertebrae
My office is currently closed but will be opened back up on Monday 11/26/18. I will be able to discuss your case with you over the phone at 10:00 am -- 4:00 pm.
I do not charge for the first phone call. My number is 214-358-6060.
Q: I got injured in may underwent surgery in september tried getting perscription filled last tuesday and denied
have never had a attorney
There are many reasons that your prescription may be denied. It might be a narcotic drug which requires a slightly different process to get approved. It could be that the prescription was just lost in the shuffle. You might consider getting a workers' compensation attorney. The attorney will be... Read more »
Q: Injured my lower back on the job, went to Dr was sent for MRI.
MRI showed several bulging disc,on several levels, it also showed severe central canal stenosis, the workers Comp insurance denied my claim saying everything on the MRI was pre existing?
Hello:
I'm Michael Graham. I'm sorry to hear you are having a hard time with your workers' compensation carrier. Denial of the full extent of your work related injury is typical for insurance carriers. You will most likely have to go through the administrative hearing process to get this... Read more »
Q: The case worker/nurse called and is asking to go with me to my next dr appt. Am I abligated to let her go?
I had a knee wore out from competitive use in my line of work but was feeling no pain and was working. Then I slipped and twisted the knee and after that knee started buckling. I climb for a living so reported injury and told them no longer felt safe climbing. My wife has health insurance for us... Read more »
Hello:
I'm attorney S Michael Graham
Feel free to call me at my office to discuss the facts of your case. My office number is 214-358-6060.
Q: I was hurt on job in Louisiana working for company from Texas. Which state has jurisdiction to file?
Employer and insurance carrier is telling me Louisiana but rules I read said Texas since Texas company. Insurance said if filed in Texas will deny claim. can They do this?
If you were hired or recruited in Texas and then you went to work in Louisiana, Texas would have jusisdiction. You need to speak directly with an attorney to make a final determination on jurisdiction. I don't know if you could file I now Louisiana as well.
Q: My husband is in construction, working in amarillo, he came home and fell ill with a rare illness caused by environment
We live near dallas, and my husband works in construction, he was sent to amarillo, a week or two after coming home he fell ill, and had to go to the er. The dr.s say it is more common in the west than here, and really rare here. Workers comp, is saying he's denied, because they didnt receive... Read more »
Hello:
I'm S Michael Graham. I'm sorry to hear your husband fell ill. In order to prove your accident is work related, you would need to get to a pulmonary specialist type doctor. A medical expert that can give an exact diagnosis. If he was working on an oil rig or at a specific location,... Read more »
Q: I got hurt at work. I slipped and fell, I had on my slip resistant shoes. I went to the doctor they told me too go to.
I didn't go to ER, I went on the 4th day after the fall. my fall was not my fault managers told me. They watched the video, and said it was a hard fall. My back, neck,and head hit hard. The first PA I saw he didn't really examine me. He wrote a note for me to not lift more than 15lbs, no running,... Read more »
I'm not sure exactly what your question is. My advice would be to contact a local workers' compensation attorney to advise you right away on your legal rights and responsibilities. Time really is of the essence for you to be provided with the best legal advice. Most attorneys will speak to you for... Read more »
Q: i got let go while on WC for a non WC reason. i would like to know am i still covered for services and pay until im 100
i had my 1st surgery in May. been home re-cooping / PT afterward. in late Aug they had me come back at a desk job. im a truck driver / warehouse by trade. i have a frozen shoulder and waiting on surgery #2. i got let go today for sending inappropriate im's. ( i think theses is more to it ) i want... Read more »
If you are fired for cause, you would not be entitled to off work (TIBs) benefits because the reason you are not earning income (wages) is because you were fired and not because you have an injury. If you can prove the reason they fired you was not for cause such as they were just looking for an... Read more »
Q: Can workers comp insurance continually ask for urine drug screens at doctors visits 18 mnths AFTER injury
I was injured at work and initially had a urine screen for drugs at hospital immediately and had no drugs or alcohol found in my system. I am requiring a third surgery, the insurance nurse case manager has been having drug screens without my consent or knowledge.on the third incident,I inquired... Read more »
Without more facts it would be difficult to know for sure why the screening was performed. The NCM can't order the screening on her own. She would have to speak to your doctor(s) to have them order the testing. You should find out which doctor ordered the test and then speak to them about why the... Read more »
Q: I am a teacher that was injured on the job, recieved surgery, and is now having to attend physical therapy 2x/week.
My employer is now demanding that my appointments be all outside of my work hours which takes me away from my own children and causes me more expenses to have to get care for them as I can not be there. They have also stated that the dr adding the restriction of always having an aide in my... Read more »
You have several questions that would be better addressed by speaking to a workers' comp attorney. You do have the right to attend a doctor of your choice as long as they are in the ISD network/ association. You can go when the appointment is available and is convenient for your schedule. With that... Read more »
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