Georgetown, TX asked in Workers' Compensation for Texas

Q: Workers comp opted out of workers comp now they want to put my wife in a transition to work program?

Been receiving workers comp and now they opted out of workers comp? She was run over by a car at work and hasnt been cleared to return. She had an orthopedic appointment for a torn meniscus and they called and said they opted oit of workers comp? And now want her to sign something to do a transition to work program? Seems off to me

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

A: The carrier cannot "opt out" of workers' comp. If the Carrier provided coverage on the date of injury, they are responsible for the work related injury for life.

Tim Akpinar agrees with this answer

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

A: Sounds as if she has been referred to a work hardening program? I agree with S. Michael, employers cannot "opt out" after a worker has been injured. They are either "all in" or "all out" at the time of the injury.

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