Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by S. Michael Graham
1 Answer | Asked in Workers' Compensation for Texas on
Q: Should I take the settle the ic wants to offer with just 2 months left before I reach my mmi date,an still have help.

The courts doctor gave an 18% ime rating an the ic doctor gave a 0% but the court doctor made an error with my date so that throws things in the air an I dont should I just go to trial or take there offer an they want Ptsd of the table?

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Oct 5, 2017

If you went to see a designated doctor appointed by the Department of Insurance, then you need to request a Letter of Clarification to get the "mistake" corrected. I'm not sure which doctor's gave you what rating. The RME doctor is the Insurance Company's selected doctor... View More

1 Answer | Asked in Workers' Compensation and Health Care Law for Texas on
Q: Am I responsiblefor my portion of healthcare payments while on workman's.

Employer pays half and I pay half

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Oct 4, 2017

I'm assuming you are referring to your private healthcare coverage and not your workers' compensation. Your employer is not legally required to provide you with any healthcare coverage. Essentially, this is a fringe benefit. For example, your employer could say we will provide you with a... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Q: I received a lump sum settlement back in 2007 for an injury in 2006. It's 2017 and I have had 2 more surgeries

Been out of work for 2 wks. Will require at least 1 more surgery &10 wks off. How can I get more compensation to survive till that I get to go back to work

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Sep 27, 2017

If you receive a lump sum that constitutes a final settlement of all income benefits. Also, income benefits are only due 401 weeks from the date of injury. Bottom line is you can't get any more money from wc carrier. You do have lifetime medical.

1 Answer | Asked in Workers' Compensation for Texas on
Q: Fell at work,tore rotator cuff,can't move arm,surgery denied by wc, waiting on 2nd request. normal? Use of one arm
S. Michael Graham
PREMIUM
S. Michael Graham
answered on Sep 18, 2017

There are many different reasons that a shoulder surgery may denied. Your best bet is to contact a workers compensation attorney to discuss the matter. We will need specific facts. I will be in jury trial all this week. My secretary will be here. She is pretty familiar with the rules. It looks like... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: if I am on 100% WC and my husband takes a job in 4 hrs away I would have to quit my job.If that happens,how will WC wor

I am still on as salary with full benefits. My hand injury will likely cause long term damage including carpel tunnel and limited hand movement. Hand was rolled over by 2,300 pounds and oddly enough my boss is the one who told me to put my hand there.

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Sep 11, 2017

I you are not working and your employer has not offered you any restrictive duty, then you might not want to quit your job. On the other hand, if you are working on restrictions and you move away, then you likely would not be entitled to receive workers' comp income benefits (TIBs). The reason... View More

2 Answers | Asked in Workers' Compensation for Texas on
Q: Can I change treating doctors twice? I'm not happy with my treating doctor. The first one was through work.

When I got hurt my job sent me to care now went there for 8 months I couldn't get anything approve. I changed to the new doctor, he don't even examine me just shakes my hand. My knee is in horrible shape and he said he is done with restrictions. But I made he give me something but they... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Jul 20, 2017

You have the right to change TD only one time under the facts presented. You can get an additional change if you get your doctor to state he is unwilling to offer you additional treatment. Otherwise you will have to fall within a specific exception which is quite difficult. You should contact a... View More

View More Answers

1 Answer | Asked in Workers' Compensation for Louisiana on
Q: My job's office is in Texas but we're in Louisiana doing a job when I was hurt can I get benefits in Louisiana?
S. Michael Graham
PREMIUM
S. Michael Graham
answered on Jun 23, 2017

I'm not a Louisiana licensed lawyer, so you will need to consult with a lawyer licensed by the Louisiana bar to see if they would have concurrent jurisdiction over your claim. If you were hired or recruited in Texas then Texas will have jurisdiction. You can file your claim in Texas, and you... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: Injured in 2002 with head and back,off work for 1 year,got a 10% disablity,now having problems again.cai go back to wc?
S. Michael Graham
PREMIUM
S. Michael Graham
answered on Jun 22, 2017

You have the legal right to seek reasonable and necessary medical treatment for your work related injuries. You should return to your treating doctor. If there is a new network, you may have to change to an in-network doctor. Check with your adjuster to find out who your treating doctor is on the... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: Are out of state providers (Alabama) legally bound to accept Texas fee schedule for Texas claimants?

Texas claimant (Texas resident, Texas employer), treated in Alabama for injury.

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Jun 20, 2017

If the claim is a Texas Claim, I believe the answer would be yes.

3 Answers | Asked in Workers' Compensation for Texas on
Q: Are wear/tear injuries eligible for worker's compensation?

My employer (who uses Liberty Mutual for coverage) is saying that chronic and wear/tear injuries are denied by liberty mutual automatically and that you have to go on disability. Are you able to acquire benefits for an injury that was sustained over time and on the job?

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Jun 13, 2017

Yes. Repetitive trauma injuries are specifically accepted under workers' compensation. You have to prove that your husband actually engaged in a repetitious activity that was physically traumatic. You need to discuss the matter with an experienced workers' compensation attorney to go over... View More

View More Answers

2 Answers | Asked in Workers' Compensation for Texas on
Q: Can you see a doctor on your personal insurance for an on the job injury?

If you were to see a doctor before or after reporting an injury could it negatively impact you're case for benefits. Do the WC insurance companies even have access to your medical records?

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Jun 13, 2017

You can always see a doctor of your own choice. You are a free person to do as you choose. The difference is, is that the workers' compensation Carrier will not be liable to pay for the office visit if it is not within their network. If it is out of network, they may still be liable. You need... View More

View More Answers

1 Answer | Asked in Employment Law, Workers' Compensation, Business Law and Communications Law for Texas on
Q: Placed two weeks in new job then ran my driving record and said sorry but you can't work here even though it was arrang

I was searching for a new job found one they told me to place my two week in, which I did then come the day I start they run my driving record and tell me they can't cover me no job. Am I able to get legal compensation?

S. Michael Graham
PREMIUM
S. Michael Graham
answered on May 12, 2017

Texas is an employment at will State. I don't feel you would have any legal recourse. You would need to consult with a labor and employment law attorney. Workers' comp deals with on the job injuries

1 Answer | Asked in Workers' Compensation for Texas on
Q: do I still have to make weekly payments on my health ins in order to keep it while I'm on WC?

company benefits Health, Vision, Dental, Short/Long Term Dis

S. Michael Graham
PREMIUM
S. Michael Graham
answered on May 10, 2017

Most likely yes. Your employer has no obligation to continue paying for your private health insurance when you are not working. If there is a policy manual or something like that where they agreed to. But I doubt it. Ask for COBRA.

1 Answer | Asked in Workers' Compensation for Texas on
Q: I keep calling HR to arrange works Comp for carpel tunnel syndrome, but no one will call me back. What's the next step.

Urgent care PA diagnosed me with carpel tunnel syndrome, referred me to a hand surgeon. Since this would have been caused by work, I should get WC and the doctor won't see me till I arrange the WC. I've left three messages and HR won't call me back. I love my job, but it requires... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on May 9, 2017

There are seveal steps that you need to go through. Your employer has certian rights and responsabilities, but so do you. You need to file a DWC 41. You need to fill out an incident report with your employer. You need to find out who the workers' compensation carrier is for your employer if... View More

2 Answers | Asked in Workers' Compensation for Texas on
Q: Where do I find the answers for Texas rules?
S. Michael Graham
PREMIUM
S. Michael Graham
answered on May 2, 2017

In the statutes, court decisions, Texas appeals panel decision, rules and regulations. The OIEC for the DWC has a small summary of the appeals panel decisons that may be helpful. However, it's not something you can just learn. Lawyers go to law school for 3 years after completing a 4 year... View More

View More Answers

1 Answer | Asked in Workers' Compensation and Construction Law for Texas on
Q: I got hurt at work my impairment rating is 28% can I cash out on my payments even if I'm no longer going to beable 2work

Can I cash out of my payments for the rest of my life so I can start getting Social Security disability income

S. Michael Graham
PREMIUM
S. Michael Graham
answered on May 2, 2017

You can in some situations, but it is usually not a good idea. If you do,you will loose your right to apply for and possibly receive supplemental income benefits. You definitely need to speak to a workers' comp attorney before you would agree to this type of arrangement. You also need to speak... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: I am currently on worker's compensation for a severe Ankle injury. I want to move back to WI. So when or if I'm able to

go back to work, my brother will hire me.What do I need to do?

S. Michael Graham
PREMIUM
S. Michael Graham
answered on May 2, 2017

You can move out of state but it is more difficult to find and get treatment because they have to comply with Texas rules.

1 Answer | Asked in Workers' Compensation for Texas on
Q: I was hurt at a job, and MRI showed I have a torn meniscus and ACL, I have previous repairs to the Same knee.

The doctor is stating that I will have to do PT on the knee to see if it alleviate the pain, and then will no longer be able to have Workmans Comp, but with those tears I won't be better with PT, i can't afford a Workmans Comp lawyer to help me, is there a pro bono lawyer that can handle this?

S. Michael Graham
PREMIUM
S. Michael Graham
answered on May 2, 2017

You don't have to pay a workers' comp attorney directly. They only get paid out of your benefits if and only if you are entitled to income benefits. With that said, you can call the workers' comp office OIEC to get free assistance.

1 Answer | Asked in Workers' Compensation for Texas on
Q: I currently have a workers comp claim against Terrell State Hospital for injury resulting in 3 herniated discs in lumbar

spine. I have been referred to a spine specialist but have not received an appointment yet. I have severe pain and am being pushed to return to light duty work which would involve auditing medical charts. I cannot walk more than about 500 yards with my walker before it is very painful, and I cannot... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on May 1, 2017

Your employer and the insurance carrier will go off of what your work restrictions are listed by your doctor. If your doctor says you can do sedentary work and you do not return to work, then your employer will likely fire you and you will not receive any off work benefits from the workers'... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.