If you were not the one negligent "in machine safety," you most likely have the right to file a claim for unemployment compensation. You can apply online at: https://www.twc.texas.gov/services/apply-benefits

You are entitled to lifetime medical care for the on-the-job injury through workers' compensation.

Generally, no. Worker's Comp is an exclusive remedy, unless a death is involved. Meaning that if your subscriber employer is the cause of your injury, you likely cannot sue them for any type of negligence claims associated with that injury. However, if you were working for a subscriber... View More

Whether you can collect "pain and suffering " damages depends whether or not your employer purchased a policy of workers' compensation that is filed with the Division of Workers' Compensation through the Texas Department of Insurance. If you have a wc claim through the Division,... View More

No, you cannot sue your employer-company if it carried workers' compensation insurance at the time of your injury. You can, of course, request a contested case hearing (CCH) on the denial of your claim and can appeal the hearing officer's determination at the CCH to the Appeals Panel.... View More

Yes, in Texas, nurse practitioners can see and treat patients without a doctor being physically present, and can prescribed many medications under delegated authority from a supervising doctor. There are requirements about review patient charts with the supervising doctor and, for certain... View More

Worker's compensation attorneys deal with job injuries and the medical and income benefits that arise out of the work accident. Your question would probably be better put to a Labor and Employment attorney. With that said, the question of employment status deals with the facts of your case.... View More

It's unfortunate that management was not willing to assist your co-worker, but that's the world we live in. If you friend needs medical assistance they should ask the employer if they have a policy of workers' compensation first. In Texas, employers are not required to even buy... View More

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

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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.