Get free answers to your legal questions from lawyers in your area.
I had a second doctors appointment on company time and had to use my PTO in order not to get pointed (we work on a point system at work) for being late.
answered on Mar 3, 2017
Travel in the form of milage request can be submitted for payment to Designated Doctor exams and RME exams. Your time would be calculated through your temporary income beneits. But basically, the answer would be No. For more detailed information, your advised to consult with a workers'... View More 
Person on medicare had a workers comp claim and all was resolved 3 years ago. Treatment as a result of current injury to another part of body is being denied by medicare and even denied on appeal. What is needed to prove to medicare this is not a workers comp issue?
answered on Mar 2, 2017
Have the medical provider submit the treatment through workers' compensation utilization review department for the workers' compensation carrier. The utilization departement will approve and/or deny based upon reasonable and necessary. If it is approved then see if the workers'... View More
answered on Feb 24, 2017
You don't. You can call the DWC to see if a claim has been filed. But it's your responsibility to take affirmative steps to make sure the claim is established. Don't sit back and play the victim. You need to determine who the workers' compensation carrier is, and also file your... View More
Husband hurt himself at work and it was his fault. Afraid of losing his job, he didn't report it and thought he'd just see "how it felt the next day" because he didn't think it was that bad. His immediate supervisor knew he was hurt, just not the details. The next day,... View More
answered on Feb 24, 2017
The first thing you need to know is what type of policy your husband's employer has. Is it a policy of workers compensation through the Texas Department of Insurance (subscriber) or an self insured, self administered by the company, occupational injury plan. If it's an occupational injury... View More
answered on Feb 24, 2017
Your checks will be sent on a weekly basis. Make sure your adjuster is kept up to date on your work status. It's your responsibility to get work restriction documentation to the adjuster.
The wages have stopped with out notice. We spoke to the insurance adjuster handling the claim and she stated she would check with the employeer for the status or reason of the missing wages. Due to not receiving these wages my mother was not able to purchase her prescriptions that she needs to... View More
answered on Feb 23, 2017
You will probably need to speak to a lawyer to get your answer because there is just not enough information to answer your question. Most workers' compensation lawyers will speak to you for free over the phone. The answer will depend on whether your mother's claim is under workers'... View More
I was hit as a pedestrian by a pickup truck in the garage and injured. My supervisor days later filed a Workers Comp claim. Now our worker's comp insurer keeps calling me to complete paperwork. This is clearly a personal injury case and I've already retained a personal injury attorney... View More
answered on Feb 16, 2017
The general rule is that "course and scope" of employment does not coming to or leaving work. However, as with all laws, ther are exceptions. Your case may very well be covered by the "access doctrine". You will be covered as soon as you arrive at work even if you are not on... View More
I only had 3 days of leave before i got injured which was no fault of my own. I was told I had to use my leave days b4 WC paid any benefits for me missing work. Now once I able to return to work if myself or my child gets ill and I have to take off. I will be docked for a day off work bc my leave... View More
answered on Feb 15, 2017
If you miss time from work for any reason, you employer has the right to count you as absent. You can have excused absenses as in the case of workers' compensation claim, or unexcused absenses such failing to call in or show up for work on a particular day. If you no call or show an employer... View More
I had an mri and discography prior to my surgery on my l5/s1. Mri showed no issues with l4/l5. Discography showed very minor ddd but no other issues.
Stormy night at work, power went out and I tripped over small heater. Did not fall. Then on way out side the door blew open and I reached... View More
answered on Feb 13, 2017
If I'm understanding you correctly, you had surgery at L5-S1 and before surgery, your MRI showed some ddd at L4-L5 but no herniation. Then after the surgery you had a second MRI revealing a herniation at L4-L5. The problem that I see is that doctors often interpret MRIs differently. You should... View More
I left company in 2014, they switched to network in 2017. Do I have to switch to network doc (Concentra or CareNow are my options)?
answered on Feb 6, 2017
I'm not 100% on this answer, but I believe you will need to switch to the network doctor. You can have the Carrier send you the website to search out which doctors are in network. You might try calling the Division of Workers Compensation in Austin to speak to someone that deals with the... View More
I resigned because the job and I made a agreement that I could be off at a certain time so my wife could get to work. They did not hold to that so wife was late to work.
answered on Feb 2, 2017
Yes. You can still receive your impairment rating for any permanent disability you sustained as a result of your work related injury. Your claim is not through your x-employer. Your claim is through an insurance company to whom your x-employer paid premiums provided they are not self-insured. If... View More
I have been given injections and how have a dorsal nerve stimulator and it isn't working as of yet and I am still unable to walk, stand for very long with being in sever pain and not gonna be able to go back to my job I had due to medication I have to take for nerve damage in my right leg can... View More
answered on Feb 1, 2017
Larry, my name is Michael Graham. I can't answer your questions in a written response. We need to engage in a dialogue so that I can gather additional facts to assist you. The phone call is free. Feel free to contact me at your convenience. My number is 214-358-6060. I'm board certified... View More
answered on Jan 23, 2017
Basically, you receive cash for temporary income benefits. The time missed from work is allowed for doctor's appointments. I do not believe you would receive reimbursment for time lost for going to a administrative hearing. If you are loosing time from work and/or working only part time, I... View More
answered on Jan 17, 2017
Most illinesses like a cold or flu wouldn't be covered under workers' compensation. The policy is that every person, weather or not they are at work, would be equally likely to catch a cold. On the other hand, if you get something like black lung from working in a cole mine, then this... 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.
