Q: How do I find out if my employer has workers compensation? Do they have to file a claim or not? The doctor they sent me
to did not put down everything I said was wrong. The last time I saw the doctor he said that he was going to release me back to full duty, I told him new things of pain, numbness, and other things down my arms. He said he didn't think it was from the fall, but then he said he could be wrong and I should get a second opinion. I asked several times for MRI's to be done on my back, neck, and arms, they said I didn't need any done. When I contacted workers comp last month about getting a second opinion, they said a claim had never been opened on me? Now I'm in fear of losing my job how does that work?
A: You can call DWC in Austin or look your employer up online at the Texas Department of Insurance, Division of Workers' Compensation (DWC) to see if they are covered. The employer has the DUTY to report all lost time injuries to DWC and its carrier or it can be penalized for failure to do so. It is NOT your responsibility to report the injury to anyone other than your employer (within 30 days). In fact even if you beg the employer not to report your injury it still has the duty to report the injury. That is not a duty that the employer can pass on to anyone else. If your employer belongs to a "network" it must inform you of the medical providers that you can go to and if you are not happy with the selection you have limited methods to appeal that you must comply with. For instance, you may be required to request an IRO (independent review organization) be appointed to obtain a 2nd opinion. Best of luck to you.
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