Questions Answered by S. Michael Graham

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?

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Feb 18, 2019
S. Michael Graham's answer
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 attorney to help you get these matters sorted out.

Q: The insurance adjuster I have said they are not workers comp the have there own insurance. I have been trying to get the

2 Answers | Asked in Workers' Compensation for Texas on
Answered on Feb 18, 2019
S. Michael Graham's answer
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

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Jan 7, 2019
S. Michael Graham's answer
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 without the fear of any meaningful legal recourse. If your injury is not due to the negligence of Walmart or a third party, then no lawyer will help you because they cannot get paid for their services in...

Q: Are schedule injury benifits suspended from when i was arrested and incarcerated or when i was convicted ?

2 Answers | Asked in Insurance Defense and Workers' Compensation for Texas on
Answered on Dec 10, 2018
S. Michael Graham's answer
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?

2 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for Texas on
Answered on Nov 29, 2018
S. Michael Graham's answer
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

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Nov 25, 2018
S. Michael Graham's answer
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

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Nov 21, 2018
S. Michael Graham's answer
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 able to assist greatly in tracking down the problem as well as dealing with the many upcoming problems in the future.

Q: Injured my lower back on the job, went to Dr was sent for MRI.

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Nov 21, 2018
S. Michael Graham's answer
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 resolved. My office will be closed for the Thanksgiving holidays, but we will be back on Monday 11/26/18. I would suggest that you contact my office then to discuss your legal rights. If you do not call...

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?

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Oct 23, 2018
S. Michael Graham's answer
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?

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Oct 23, 2018
S. Michael Graham's answer
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

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Oct 13, 2018
S. Michael Graham's answer
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, you may be able to have the air tested. Without expert medical opinion stating it is more likely than not, he contracted the chemical at work, you cannot prove up the workers' comp injury. I will be...

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.

2 Answers | Asked in Workers' Compensation for Texas on
Answered on Oct 4, 2018
S. Michael Graham's answer
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 free over the phone. My office does. I will be in trial today until after 1:00 pm. My staff will be available for general questions. Feel free to contact my office or a lawyer of your choice. You are...

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

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Sep 26, 2018
S. Michael Graham's answer
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 excuse to get rid of you, then you may be entitled to TIBs. You would likely have to attend a hearing to get this matter resolved. You would still be entitled to reasonable and necessary medical care in...

Q: Can workers comp insurance continually ask for urine drug screens at doctors visits 18 mnths AFTER injury

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Sep 26, 2018
S. Michael Graham's answer
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 test was ordered. In some situations, drug test will be ordered by doctors for different reasons such as making sure you are taking the prescription medication or to make sure you are not taking...

Q: I am a teacher that was injured on the job, recieved surgery, and is now having to attend physical therapy 2x/week.

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Sep 9, 2018
S. Michael Graham's answer
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 said, I recommend to my clients that they try to accommodate their employer to the extent practicable.

Q: If the hotel I work at is temp. shut down do to black mold, do we the employees get compensated for our losses?

2 Answers | Asked in Employment Law and Workers' Compensation for Texas on
Answered on Aug 24, 2018
S. Michael Graham's answer
You would not get paid. This is really an employment and Labor law question as opposed to workers’ comp which deals with on the job injuries.

Q: Company wants me to come off workman's comp and they will pay me minimum guarantee but I have to pay for my room.

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Aug 22, 2018
S. Michael Graham's answer
Your situation is somewhat tricky. I do not think you would need to accept the offer. You should be able to be paid through workers' comp. It would be advisable to contact a workers' comp attorney to discuss your particular situation in more detail.

Q: Is a stroke on the job a claimable workers comp claim?

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Jul 26, 2018
S. Michael Graham's answer
It could be work related but you will need an expert medical opinion to state that it was work related. The medical expert will need to explain what you were doing that day caused the stroke. I don't think you could claim that since you have a very stressful job, that over a period of time, then resulted in the stroke. You would have to have been working out in extreme heat or weather that particular day ect.

Q: Can my fiancé decline workers comp for an accident?

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Jul 25, 2018
S. Michael Graham's answer
If your husband missed a day of work, the employer is required to file a claim. He doesn't have to go to the doctor if he doesn't want to or he doesn't feel injured. If he is injured, he could also go to his own doctors and pay out of his own pocket instead of having workers' comp pay 100% -- dumb idea.

Q: I feel I’m being forced back to work by my Dr and insurance co. They’ve suspended my benefits. What can I do?

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Jul 12, 2018
S. Michael Graham's answer
The general rule is that the ODG Guidelines recommend the least invasive treatment before engaging in more invasive treatment such as surgery. The protocols for each type of injury would be different. ODG will usually only allow limited therapy and injections. Your next step would be surgery if he have not sufficiently improved and your diagnosis warrants it. My advice would be to consult with a qualified workers' compensation attorney in your area if possible to get a more detailed analysis.

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