My daughter is constantly bullied by her boss.
answered on Apr 12, 2024
"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
OSHA violation for equipment prohibited, MNG cleaned cuts but infection set in, EMP is diabetic, INS CO omitted details of time and treatment before claim was filed, treating DR refused MRI for hand fracture with abscess as treated by EMERGENCY DR, denies injury effect and denies benefits.
answered on Mar 20, 2024
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
"I am currently seeking legal representation to address the egregious actions taken against me by Robbins Chevrolet. This includes filing a lawsuit against them for the perjury committed during two hearings, defamation of character, and any other legal avenues available to seek justice for the... View More
answered on Feb 26, 2024
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
I deliver lumber for a company. On Oct 20, 2023, I was delivering a load to a job site where the lift fell into a septic tank, which resulted in tearing my rotator cuff. I found out that the builder knew the septic tank was there, but only placed small flags to mark the area. Considering that... View More
answered on Jan 30, 2024
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.
workers compensation. He also has esophageal cancer that is metastatic and extremely aggressive. He days ago recieved the pt scan results that indicate the cancer has spread to more areas of his body. Our question is, being that this cancer is as aggressive as it is, is there a way to get a... View More
answered on Dec 27, 2023
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
Everywhere I read, it says I have to return to work for three months in order to receive my impairment, income benefits in a lump sum, is this true if I was let go of from my employer, because of the injury
answered on Dec 27, 2023
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.
Workers comp certified doctor gave me a rating of 44%. Worker’s Comp. said they will give me impairment rating benefits at an impairment rating of 5% until they can verify the 44%. How can they legally do this since my impairment rating came from their certified doctor to begin with?
answered on Dec 27, 2023
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).
answered on Dec 7, 2023
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
I am ready to go back to work but i feel my doctor is dragging it out. Can I request to be released to go back to work or can the doctor refuse to release me?
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.
They are not providing proper medical care
answered on Aug 19, 2023
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
The carrier claimed my lower back injury was pre-existing & ironically, judge said not enough evidence to show it was an aggravation of prior injury. I have been to 5 physical therapists, chiropractors, ortho doctors & pain is far worse. If this was the simple “strain” the court made it... View More
answered on Jun 20, 2023
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
Do I have to wait until the appeal panel decides or do I receive my benefits now
answered on Jun 14, 2023
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.
A designated Dr agreed I had compensable injury. Carrier has an IR Dr. Examine me. His report was fairly neutral & recommended more testing. The IR report shows up minutes prior to final hearing! I didn’t have a chance to read it. Was this dirty pool or typical for workers comp cases in TX?
answered on May 17, 2023
If the report was not timely exchanged before the hearing, you could have objected to the admission of this exhibit. It's not dirty pool in my opinion. The lawyer probably just got the report. His duty to his client is to try to get it into the trial. It's your job to object to the... View More
I work from home and accidentally fell asleep at my desk, I work two jobs and goto school which I had clarified to my boss before the incident and she was actively working with me to find solutions (ie scheduling myself PTO/UTO.) I had came back from my scheduled time off and was terminated... View More
answered on May 9, 2023
Probably not.
It isn’t unlawful employment discrimination. Unless you have a contract that limits the reasons your employer may terminate you which doesn’t encompass falling asleep during your workday, you don’t have any legal recourse under the facts presented.
I was injured on the job February 9th 2021 by my production manager turned up the machine and it sucked me in and how's the bad accident to me 18% impairment rating but I'm being told that I cannot sue the company because we were both employed there and since workman's comps paying... View More
answered on Apr 23, 2023
Under workers compensation laws, a worker who is injured on-the-job is not required to establish that his employer or a co-worker was negligent in order to receive compensation for medical expenses and lost income. In exchange, the employer is not subject to a personal injury lawsuit by the... View More
They moved me to a different department I was told temporarily while being on light duty. But just two days ago one of the coaches acted as if he is switching me permanently. Which means I get to pay decrease and lose my position I had all do to be hurt. I work at Walmart is this allowed
answered on Mar 13, 2023
If your claim is in Texas, Walmart no longer carries workers' compensation through the Texas Department of Insurance, Division of Workers' compensation. They are nonsubscribers to workers' comp. Walmart has it's own private insurance. I believe your employer can permanently... View More
the claims sent to my adjuster? Without my knowledge, my doctor started filing on my medicare when W.C. stopped paying him, almost 2 years ago. I called my adjuster & she said if he had listed the correct compensable injuries (L. foot (CRPS), Neck, Rt. shoulder) he would have been paid. Today I... View More
answered on Mar 4, 2023
It is possible that your workers' compensation case could be closed if the wrong compensable injury was used on the claims sent to your adjuster. However, this would typically require some sort of legal action, such as a hearing or settlement agreement, which would likely involve notification... View More
MRI shows torn rotator cuff in three tendons. What are her next steps. She lives in Texas and cannot afford to hire an attorney. Should she have surgery done under her private insurance?
answered on Feb 15, 2023
Sorry to hear she is having trouble. She likely CAN afford an attorney as most workers' compensation attorneys work on a commission basis - no fee until you win. I would suggest looking in the Justia directory for the area of Texas where she is and see if there is an attorney to consult with... View More
Honestly honest opinion
answered on Feb 13, 2023
Article 1, section 3a of the Texas Constitution provides: “ Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.”
In my professional experience, I have rarely seen individuals treated... View More
I was at work. Got hurt ambulance took me to ER. They did a catscan and said my nose was broke and return to regular duty after follow up with surgeon. My jobs safety talked to person doing paperwork and told them to put me on light duty so they changed it on the paper. The next day the hospital... View More
answered on Jan 16, 2023
CT scans are an advanced type of X-ray that shows blood vessels, organs, and other soft tissues well.
X-rays do a better job showing showing the skeletal structure including broken bones.
Different radiologists occasionally disagree on what the exact same test shows, and more... View More
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