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I was loading boards on a trailer. My restriction is 20 lbs for the one arm. The boards I was picking up did not weight 20 pounds
answered on Jan 4, 2018
If the adjuster will not pay your TIBs benefits, then you have the right to attend a hearing with the Division of Workers' Compensation to challenge her decision. If you prevail, she will owe you all back TIBs benefits. You have the legal right to hire a lawyer of your choice, to protect your... View More 
I’m an Art Director who also organizes the company party’s & functions. It was the end of our holiday function, I was cleaning, an intoxicated coworker waiting on a sober ride who was wearing 3 inch heals took a tumble using me to stop her fall she pivoted us in a spin to the ground with... View More
answered on Jan 3, 2018
There are several issues presented in your facts. You need to report your injury to your employer. You should have your surgeon get the surgery preauthorized under workers compensation even if you have the surgery on your private health. You should submit the claim to the workers' comp carrier... View More
I start call State of Texas on 05/15/17 ..about Impairment results copies and before my 90 dsys had passed on 09/28/17. given IME test which said I haven't reached MMI....now about to go to CCH
answered on Dec 18, 2017
I'm not too sure what your question is. It sounds like you are going to a CCH to determine if you are at maximum medical improvement and what your current impairment rating is. You will likely need a DWC 69 report from a doctor that supports your position at the CCH. You should consult with a... View More
I had surgery on shoulder in June and I have not been released by the surgeon or the workers compensation doctor in which they sent me to see when i got hurt to return work. My adjuster requested a mmi, impairment rating and a return to work evaluation from another doctor.
answered on Dec 18, 2017
Because the Carrier pays for your surgery and other income benefits, they have the legal right to request for MMI and IMP even though your treating doctor may disagree. They first have to request a state selected doctor (designated doctor) and then they can request another doctor of their own... View More
My friend fell off a ladder at work and injured his wrist, resulting in surgery. He has been receiving WC Benefits, but now has received a notice of a Benefit Review Conference. What does he need to do to prepare for this? Does he need to contact the Ombudsman for assistance, or is it best to... View More
answered on Dec 4, 2017
A lawyer will typically charge up to 25% of the income benefits received from his client. The ombudsman assistance program is free. The ombudsman program are not lawyers. I like to advise people that you get what you pay for.
I'm not the only 1 late for 2days this doesn't seem right.
answered on Nov 21, 2017
I'm a workers' compensation attorney and not an employment law specialist. The general rule is that you are not entitled to unemployment if you are fired for cause. In this case, although the company will allege cause, it appears to be a minor infraction standing by itself. If you have... View More
contacted and was trying to schedle me in said she had to comferm dr would be at that ofice on that day said she would call me back a day went by didnt hear from her so i called next day to find out ins was disputing the clam thay said my back problems where from an aged back this went on for bit... View More
answered on Nov 17, 2017
I would advise you to contact a workers' compensation attorney over the phone to discuss your legal rights. Most lawyers will speak to you for free over the phone. If have listed way too many details for me to adequately respond to you in writing.
Can I do. I'm still having the same issues I was having prior to surgery
answered on Oct 31, 2017
Workers' compensation is a form of insurance purchased by your employer. You cannot collect for pain and suffering. You do have medical for your lifetime for the work related injury. I would advise you to get a complete set of your medical records from your doctors while they are still... View More
I recently dropped a piece of equipt. accidentally while working and caused damage. I work in the field and it had rained previously in the day. The ground was not stable and slippery and I slipped while carrying it back to the truck. I also injured my back but did not see a doctor. The company... View More
answered on Oct 30, 2017
If you are hurt at work, you need to report your injury as soon as possible. You should try to have it reported in writing. You should also try to see a doctor to document your injury. You will also need to know if your employer carries a policy of workers' compensation with the Texas... View More
I now have achy pain in shoulder due to being on walker x3wks after knee surgery. Have great insurance, have no desire to see wc for this.can I go to my pcp for anything related to shoulder without gettingin trouble with insurance?
answered on Oct 30, 2017
I don't think you would have a problem using your private health in this situation. Your symptoms are due to walking on crutches. You won't have the worker's comp Carrier complaining that they should be the ones paying for the shoulder. The WC Carrier doesn't want to pay for... View More
To job by boss's deadline. Can I re-file at this point?
answered on Oct 30, 2017
The general rule is that you have 30 days to report an work related injury to your employer and one year to file the claim with the Division of workers' compensation. The problem I see in these type situations is that if you have waited too long, the Carrier may not believe you actually... View More
I'm not able to return back to work by the time my boss has given me. Now I'm going to out of a job, no money coming in. Can I now go back and file like I should have done. What are my options?
answered on Oct 27, 2017
The general rule is that you will have 30 days to report a work-related injury to your employer for a specific injury. You must then file a claim within 1 year from your date of injury. The problem in these cases is the proof. If you can't verify that you reported the claim within 30 days,... View More
I'm currently out on workmans compinsation and I recieved a cobra election form letter saying that my plan is terminated due to termination of employment. I called my director of human resources but was told he didn't know what was going on and that he would call me back by the end of day... View More
answered on Oct 20, 2017
Your employer probably pays group health premiums on your behalf and you also pay a portion. The same is probably true with your life insurance. If you aren't working, then they will not continue to make payments on your behalf until you return. They will and can legally cancel your private... View More
I just started this job and one month in, I fell and injured both knees and now I am experiencing severe pain and swelling in my legs. I filed my claim the next day but my employer advised me it was not WC. A few weeks later an adjuster contacted me to follow up telling me it was WC. I advised her... View More
answered on Oct 19, 2017
You need to determine if your claim is through the Texas Dept of Insurance or if it is a self-insured occupational injury claim. If it's through the Texas dept of Insurance, Division of Workers' compensation, then you need to file a DWC 41. Find out who your adjuster is, get claim number.... View More
answered on Oct 19, 2017
If your claim is through the Texas Dept. of Insurance, Division of workers' compensation, you have medical for life for the work related (compensable) injuries.
I was instructed to go per wc. However this was a dr that practices family medicine. He didn't refer me to a specialist. What can I do?
answered on Oct 19, 2017
You have the right to choose your own doctor. However, if the wc insurance has a network, then you must choose a treating doctor in the network. You need to know if your claim is network or non-network. Then you will know how to choose a doctor. It gets a little tricky. You can really only switch... View More
The employee has been treated. Went on leave then came back and left again for a another 2 months and then just came back. Her same position was not available since we had to fill it but she still has employment with us. The situation is that we are losing a physician and now need to downsize... View More
answered on Oct 12, 2017
If you lay the employee off, they will be entitled to receive wc benefits until they are release full duty or reach MMI. You cannot fire, layoff, or otherwise discriminate against an employee for filing a workers' compensation claim; however, you can do so for a legitimate purpose such as a... View More
I had to be life flighted. I'm not sure what to do. I have no insurance at this time and still having to go to the burn unit..
answered on Oct 9, 2017
Most employers in the state of Texas are not required to purchase workers' compensation. You call the DWC and ask for insurance to see if they are a subscriber. You company may also have a non-subscriber policy. Good Luck.
answered on Oct 9, 2017
You need to report your specific work injury to your employer. I recommend you do this in writing or text or some why to prove you reported the injury. You need to file a DWC 41 form. You need to find out who the workers' comp carrier is and establish a claim with them. You need to know if it... View More
he drives a taxi belonging to a big company, but he is a "contractor". The driver drove off, and later returned acting as if nothing happened. My managers took care of me and sent me to the urgent care. the xrays show nothing is fractured, however i have swelling, pain, and sharp pains... View More
answered on Oct 6, 2017
I agree with Mr. Warren that you have two potential claims. You have a workers' compensation claim if your employer has purchased a policy of workers' compensation. You would also have a potential third party claim against the taxi driver company. The problem with consulting with a PI... View More
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