Houston, TX asked in Workers' Compensation and Employment Discrimination for Texas

Q: I am asking for advice on behalf of my mother, her employeer has stopped paying wages for workmen's compensation.

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 take for the rest of her life. She was admitted to the hospital due to it.

1 Lawyer Answer
S. Michael Graham
S. Michael Graham
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Dallas, TX
  • Licensed in Texas

A: 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' compensation, or an occupational injury plan, or possibly short term or long term disability plan, or a wage continuation plan offered by the employer.

Since your question is filed under workers' comp section, I will try to answer it that way. If your mom was getting wage continuation from the employer and she has not been placed at maximum medical improvement (MMI) and she is still unable to work due to her work-related injuries, then the workers' compensation carrier should start paying her temporary income benefits. If she has been placed at MMI and she was receiving her impairment income benefits, then her income benefits may be finished. She would still be entitled to life time medical for her work-related injury and this would include payment for her prescription medication provided it is reasonable and necessary for her work-related injury. I know this might seem a bit complicated and that is because it is. Again, to make sure your mother's legal rights are protected, my advice would be to speak to a knowledgable attorney.

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