Fort Worth, TX asked in Personal Injury and Workers' Compensation for Texas

Q: I had surgery on my great toe and have a plate and screws in it am i entitled to a ir

I have been on light duty up until surgery and now off work for 8 weeks insurance company covered everything am i intitled to a ir

2 Lawyer Answers
David Alan Wolf
PREMIUM
David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Workers' Compensation Lawyer
  • Jacksonville, FL

A: Your inquiry was cut off or incomplete. You should contact a local worker's compensation attorney who will know the benefits that you are entitled to. Most worker's compensation attorneys will provide you with a free consultation with no obligation to retain the attorney. You should make sure that the worker's compensation carrier is taking care of its obligations and treating you properly.

1 user found this answer helpful

Roy Lee Warren
Roy Lee Warren
Answered
  • Workers' Compensation Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: Yes, and you are entitled to request a designated doctor to determine whether you are at MMI. If so the DD should also assign you an IR for permanent impairment. You get 3 weeks of income benefits for each percentage point of IR, regardless of whether you have returned to work or not. In other words if you are given a 3 % IR you will be entitled to 9 weeks (3 x 3) of benefits if not contested. Also be aware that 0% is also an option, though not a good one because you had surgery. The DD must adhere to the AMA Guides in certifying your MMI/IR. Good luck.

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.