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Questions Answered by S. Michael Graham

1 Answer | Asked in Workers' Compensation for Texas on

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 »

S. Michael Graham answered on Sep 26, 2018

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 »

1 Answer | Asked in Workers' Compensation for Texas on

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 »

S. Michael Graham answered on Sep 26, 2018

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 »

1 Answer | Asked in Workers' Compensation for Texas on

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 »

S. Michael Graham answered on Sep 9, 2018

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 »

2 Answers | Asked in Employment Law and Workers' Compensation for Texas on

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

S. Michael Graham answered on Aug 24, 2018

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.

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1 Answer | Asked in Workers' Compensation for Texas on

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.

Am a pilot based in Houston and living in Corpus Christi. Hurt shoulder in Feb. and been on wc since. Doctor says I am able to do some light duty, no more than 4 hours per day. Company has been telling me to stay home until today. They want me to come off wc and they will pay me to come to the... Read more »

S. Michael Graham answered on Aug 22, 2018

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.

1 Answer | Asked in Workers' Compensation for Texas on

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

My company claims it's not job related. I am a construction manager in a highly stressful position.

S. Michael Graham answered on Jul 26, 2018

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... Read more »

1 Answer | Asked in Workers' Compensation for Texas on

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

My fiancé got into a minor accident while on the job. He refused medical treatment as he felt fine and there was no bleeding, just minor bruises. He finished up the work day with no problems but the next morning he woke up with his body feeling a bit sore and decided just to call in sick. He did... Read more »

S. Michael Graham answered on Jul 25, 2018

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... Read more »

1 Answer | Asked in Workers' Compensation for Texas on

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?

Benefits have been suspended. Dr’s office won’t submit updated status and work report adjuster needs every 30-45 days to release benefits. Dr says all insurance will pay for at this point is surgery. Adjuster says they’ll cover whatever Dr request. See the circle? I have a herniated disk at... Read more »

S. Michael Graham answered on Jul 12, 2018

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... Read more »

2 Answers | Asked in Employment Law, Workers' Compensation and Car Accidents for Texas on

Q: My son works for Domino's Pizza in TX, and he was in a car accident (fault of the other person) while on a delivery.

He was told that he has whiplash and some bruising to his left shoulder causing him to miss work. He was checked out by the company's physician and although she confirmed the whiplash and bruising to his left shoulder, prescribed him some Motrin and a muscle relaxer, she cleared him to return to... Read more »

S. Michael Graham answered on Jul 10, 2018

If the employer purchased a policy of workers' compensation, your son could get his medical expenses and lost time paid through the workers' comp carrier. You cannot collect pain and suffering under workers' comp because it is a policy of insurance only. Your son could make a claim against the... Read more »

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1 Answer | Asked in Workers' Compensation for Texas on

Q: If I cannot find a lawyer to represent me,do I have to use an ombudsman ?

I am going to my 2nd brc hearing.

Cannot find a lawyer willing to represent me.

Have no faith in these ombudsman.

Feel like Im being ushered into a screwing.

Please help.

S. Michael Graham answered on Jul 4, 2018

Make sure you consult with an attorney that handles workers comp. If an attorney will not assist you, you probably will be stuck with the ambudsman assistance program.

1 Answer | Asked in Workers' Compensation for Texas on

Q: I was fired instead of being allowed to return to work. I am still under docs care. Should I still be getting a check?

My employer refused to accommodate the docs restrictions. I received comp for lost wages up until the day those restrictions were lifted. However, my employer refused to let me return to work and instead fired me! I am still under docs care and am having a second surgery for the injury. Is WC... Read more »

S. Michael Graham answered on Jun 28, 2018

You should still be entitled to income benefits and reasonable medical care. You may need a hearing to get these matters settled. My advice is to contact an attorney experienced in workers' compensation law. A lot of attorney's will speak to you for free over the phone. Feel free to call me.... Read more »

1 Answer | Asked in Workers' Compensation for Texas on

Q: What reasons after surgery did my benefits get cut off? And therapy denied

S. Michael Graham answered on Jun 21, 2018

You question is not specific enough to provide a meaningful answer. Call a competent attorney to discuss your issues. Most workers' comp attorney's will speak to you for free over the phone. Just make sure the attorney handles administrative hearings before the DWC.

1 Answer | Asked in Workers' Compensation for Texas on

Q: if I applied for workmans comp. in Texas. do I have to notify any one if I find new employment?

S. Michael Graham answered on Jun 16, 2018

No. Workers comp claims are confidential unless they reach the district court level.

1 Answer | Asked in Workers' Compensation and Insurance Bad Faith for Texas on

Q: Insurance company is refusing to pay my father's life-time settlement agreement for 4yr now which is to pay 15k/yr

He was awarded in court a life-time settlement. We have all the paperwork and even the original checks from the initial payout. However the company that is now supposed to pay the 15k per year is refusing to pay. Calling them just sends you from employee to employee, in circles. One lady flat out... Read more »

S. Michael Graham answered on Jun 6, 2018

You can contact an attorney of your choice or else you are free to contact my office.

An attorney will need to review the file and paperwork to determine what benefits are due and owing. My website is www.onthejobinjury.info. Ph. 214-358-6060

1 Answer | Asked in Workers' Compensation for Texas on

Q: Can contract workers get workers' compensation for injuries caused on the job?

S. Michael Graham answered on Jun 4, 2018

If you are truly an independent contractor for an employer you wouldn't be covered under workers compensation. However, if you are a contract worker and a temporary employee, then you would be covered. If you are an independent contractor and somebody else was negligent in causing your injuries you... Read more »

1 Answer | Asked in Workers' Compensation for Texas on

Q: injured 4y ago working for a city in texas, mmi was 52% impared 100% disabled. cant work iib ended ssdi750 what do i do?

i ruptured 2 discs in neck and one in back from,falling head first off a dump truck i was working on without proper equiptment available, was told by wc i couldnt sue the city for my injury and wc was only temporary even though i can never work again, i had surgery for 1 disc in neck, i have lost... Read more »

S. Michael Graham answered on Jun 4, 2018

If you do not qualify for LIBS and your IIBs have run out, you can still apply for SIBS. You have to document an "active effort" to seek employment within your work restrictions. These SIBs benefits are available for 401 weeks from your date of injury.

2 Answers | Asked in Workers' Compensation for Texas on

Q: Can my employer legally attend my workmen's comp doctors visit? I'm in Texas.

I work for a manufactured homes business and I hurt my lower back on the 3rd time I hurt it they finally took me to the doctor and the safety manager took me. She then walked in to the appointment with me and sat down and even talked to the doctor. Then did the same thing for the follow-up today.... Read more »

S. Michael Graham answered on May 31, 2018

Your employer may not attend the doctor's appointment with you if you do not choose. This is private healthcare. This might cause problems with the employer, however. You would also need to know if it is workers' comp through the Division or an occupational injury plan. A plan is self-administered... Read more »

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1 Answer | Asked in Workers' Compensation for Texas on

Q: If it's my first time getting hurt on the job can they ask for medical records?

S. Michael Graham answered on Apr 11, 2018

You do not have to provide your medical records. However, the Carrier can deny your claim also. If you put your medical at issue, the Carrier will have a right to look at your medical before they become legally obligated to accept your claim.

2 Answers | Asked in Workers' Compensation for Texas on

Q: Why would they ask for medical records on workers comp?

S. Michael Graham answered on Apr 9, 2018

The workers' comp insurance company wants to verify that you haven't injured the claimed body part in the past. This is the main thing past medical history is requested. They need your current workers' medical to pay the bills.

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