So I originally got injured on 05/2019, 4 months later I was injured again. My employer was aware of what my restrictions were but still put me to work. Causing the second injury. So my second case is closed as of last week, but my injury I feel is not quite where I feel it should be? Could I sue... Read more »
The state of Texas uses the carrot and stick approach with employers with respect to providing workers' compensation coverage for its employees. If they pay for the coverage, the the State prevents the employee from being able to sue the employer for negligence (not resulting in death and gross...Read more »
This would be a question better answered by an employment law attorney instead of a workers' compensation attorney. The latter deals with on the job bodily injury and off work benefits while the former deals with wages. You could file a claim with the Texas Workforce Commission to allege a wage...Read more »
Been receiving workers comp and now they opted out of workers comp? She was run over by a car at work and hasnt been cleared to return. She had an orthopedic appointment for a torn meniscus and they called and said they opted oit of workers comp? And now want her to sign something to do a... Read more »
Most DWC 73s are turned in without the patient's signature. I would agree you should be physically examined in most cases. I would ask you to speak to your doctor. Workers' comp does have a formal process to file complaints that is on-line. It's called the division of compliance and practices. When...Read more »
At the two year mark workman’s comp has stop paying per Texas law is what they said I filed for ssi an disability benefits I’m still unable to work an also untreated for my injuries I guess my question is how or why is that company not liable
Workers' Compensation is an insurance plan. The employer pays an insurance company to insure its employees in case of injury. In exchange for purchasing this wc policy, the law states that employees can't sue their employer if the employer (or its employees) negligently injure another employee....Read more »
I will not be able to work for 4-6 weeks. Workers comp has been paying for my medical expenses but now that I will be out of work, am I eligible to receive income from workers comp? I spoke to my adjuster and they said no because I no longer work for the same employer. My new job is in the same... Read more »
If you had private insurance, you would have to get the surgery under your new insurance. If you had a claim through the Texas Department of Insurance, Division of Workers' Compensation, you can still receive medical treatment and disability no matter where you work. I would advise you to contact a...Read more »
If your claim is through the Texas Department of Insurance, you have lifetime medical for "reasonable and necessary" medical treatment. This means that it will have to meet ODG standards to get approved. Typically, you are allowed 12 visits of physical therapy for a sprain/strain. If you had...Read more »
I work for a veterinarian and I got bit at work by a dog. The WC doctor said my thumb is fractured so on my third visit he said I was able to use it. Now I have a lot of pain and a not where my thumb meets my hand he said its arthritis now. I didn't have this issue before its painful to turn the... Read more »
If the arthritis is due to the dog bite, then this would be workers' comp provided your employer carries workers' comp coverage for its employees. Most Carriers have networks in place which means you have to choose a network doctor. I would advise you to contact an work comp attorney to discuss the...Read more »
I believe you are asking if your employer can stop paying for your private health insurance premiums when you are not at work due to a work related injury. If this is the question, I believe your employer can stop paying for your health insurance until you return to work. You can continue to make...Read more »
I agree with Roy Warren's answer. Good Luck. If you have issues or additional questions, feel free to contact a workers' compensation attorney directly. Most will speak to you on the phone at no charge.
Back in November of 2019, I injured my knee stepping off of a bus at work, I started a workmans comp claim the following day. My first MRI showed a tear in my miniscus, and I was recommended physical therapy. I went for about 2 months, a few times a week. During the harder weeks of therapy, I had... Read more »
If the Carrier is denying the tear to your knee and possible subsequent re-tear, my advice would be to contact a qualified workers' comp attorney. This matter will most likely need to go to the administrative hearing level to force the Carrier to accept your injury.
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 »
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 »
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 »
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 »
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.
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 »
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.
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 »
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