Q: In Texas mind you, my husband i believe fractured his tibia on the job back 20 years ago during college years.
This year it has started bothering him to the point he has to wrap it to stabilize the area to get through the day. He has contacted the state that has agreed to find his case and forward it to the insurance company since it is archived. The question is does he have to use his pto on his job now to pay for time off or will the insurance pay for it? And is it worth even pursuing anything more than the medical care as the workers comp back during college was minuscule at best? Thanks.
A: As you seem to have figured out, medical treatment for a covered workers' comp injury in Texas is available for life. The only limiting factors with that are that it has to be reasonable and necessary, and the treatment has to be related to the compensable (covered) injuries.
Regarding lost wages, anyone who misses work due to a compensable injury is entitled to temporary income benefits. However, eligibiity for those benefits end once the injured worker reaches maximum medical improvement. At this point, your husband is likely well past that point in his claim. So, I don't think he is going to be eligible for any monetary benefits at this time. He should use his PTO if he can.
For further information, please get my book - it's FREE - about Texas workers' compensation law called, "The Ultimate Survival Guide For Texas Injured Workers: Everything You Need To Know To Beat Insurance Companies At Their Games." The link is https://www.mlflegal.com/guide-for-texas-injured-workers-download/
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