Greenville, TX asked in Workers' Compensation for Texas

Q: My husband is in construction, working in amarillo, he came home and fell ill with a rare illness caused by environment

We live near dallas, and my husband works in construction, he was sent to amarillo, a week or two after coming home he fell ill, and had to go to the er. The dr.s say it is more common in the west than here, and really rare here. Workers comp, is saying he's denied, because they didnt receive medical records, but every dr and specialist they needed records from, say they never received a request for records. How can they deny because they said they didnt receive the records yet didnt send requests. They sent a letter saying it was because they couldnt prove he got it while working. Even though the drs all say he more than likely contracted it while working in amarillo. What do we do? hire a lawyer or just give up on it.

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1 Lawyer Answer
S. Michael Graham
PREMIUM
Answered

A: Hello:

I'm S Michael Graham. I'm sorry to hear your husband fell ill. In order to prove your accident is work related, you would need to get to a pulmonary specialist type doctor. A medical expert that can give an exact diagnosis. If he was working on an oil rig or at a specific location, you may be able to have the air tested. Without expert medical opinion stating it is more likely than not, he contracted the chemical at work, you cannot prove up the workers' comp injury. I will be at work Monday. Feel free to contact me at 214-358-6060.

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