I cannot say that you cannot file this under workers' compensation but I would not represent you and I doubt you would be able to find an attorney that would. You can contact the Office Of Injured Employee Counsel at 1-866-393-6432. The type of injuries of which you speak are really ordinary... View More

While you are always free to fire and then hire a new workers' comp attorney, the 2nd attorney will, in many cases, not be willing to represent you because you have to make sure your first attorney doesn't have a big attorney fee bill that needs to be satisfied first. Attorneys like to... View More

It is illegal to terminate an employee in retaliation for filing a WC claim. The timing raises the suspicion that you were terminated for filing your workers compensation claim. Of course, there may be other legitimate reasons why you were terminated. For example, an employee may be terminated... View More

A claim for misrepresentation of the terms of the workers’ compensation insurance policy is really the only potential claim for bad faith by a workers compensation insurer in Texas. Your question does not indicate a misrepresentation concerning the terms of your workers' compensation... View More

You are still entitled to reasonable and necessary medical care only. If you have not had an impairment rating and/or it's still within 90 days, you could challenge the rating and obtain a higher rating. I don't know if you have other injuries, that would qualify you for lifetime income... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2024

To find your patent, start by visiting the United States Patent and Trademark Office (USPTO) website. Use their search tool, the Patent Full-Text and Image Database (PatFT), to look up your patent. You'll need your patent number or application number for a precise search. If you don’t have... View More

Receiving a Form 1099 instead of a Form W-2 is evidence that you were an independent contractor and not an employee, but in and of itself, it is not dispositive. Some companies misclassify employees as independent contractors to try to avoid having to withhold federal income tax and payroll taxes... View More

"Stress" is not compensable but "mental anguish" is recoverable for certain breaches of legal duties.

Your daughter will be required to offer "direct evidence of the nature, duration, and severity of her mental anguish, thus establishing a substantial... View More

Whether the manager is negligent is most likely irrelevant. In a workers' compensation case, the injured employee is NOT REQUIRED to prove that his/her employer or one of his/her fellow employees was negligent. Workers' compensation provides medical benefits, temporary income benefits,... View More

Generally speaking, statements made during the course of judicial or administrative proceedings are subject to the affirmative defense of absolute privilege in any subsequent defamation proceeding. That means such statements cannot provide an avenue for a claim for damages.

If your... View More

You may have established the basic facts for a claim for negligence (failure to properly warn) against the land owner and/or builder of the premises. Lawyers refer to this as a third party claim since you also have a claim for workers' compensation.

I sorry to hear you husband is having a rough go of it. If your claim is filed through the Texas Department of Insurance, Division of Workers' Compensation, there is no settlement. If surgery has not been recommended or he chooses not to have the elective surgery, you could attempt to get an... View More

Yes. That's true. Contact OIEC 1-866-393-6432 or an attorney of your choice to verify. You must have worked for 3 months earning 80% of pay.

The Carrier does not have to accept the rating provided by the state selected Designated Doctor. They can hire a private doctor (RME) and require you to go to this doctor. Then they can challenge the rating before and Administrative Law Judge (ADJ) in a Contested Case Hearing (Administrative Court).

A herniated disc is a relatively common injury that can result from a work-related accident or several other possible causes. It can occur as a result of an acute trauma or develop gradually over time. Particularly in the latter case, it may go completely unnoticed by the patient and not produce... View More

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answered on Sep 29, 2023

Generally, a doctor has a professional responsibility to only release you to go back to work when it's medically appropriate. If you disagree with your doctor's assessment, you may seek a second opinion.

My law office doesn't handle ERISA claims. If your claim does not involve negligence on behalf of the employer or other third party, it is almost impossible to obtain legal representation. For this reason, the Carrier's offer little to no support. I like to refer to it as fake... View More

Probably not.

Many people develop back problems like degenerative disc disease with age.

Many people remain unaware and without symptoms until they suffer a relatively minor back injury like a sprain.

Once they become aware of the problem, they become very attuned to the... View More

If the benefits are TIBs, you should receive them promptly but they will be subject to clawback if the carrier wins your appeal from any future IIBs.