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.
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/
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.