Daniel John Christensen's answer There is nothing legally keeping you from working your second job that can be done with restricted or limited duty. But, you should be extremely careful so that you do not aggravate your injury, which the defense will use to argue they should not have to be responsible for treatment after that point. I can't speak to your case specifically without knowing more. I would recommend you hire a Board Certified Personal Injury Trial Lawyer like DC Law to get advice on your case. 512.888.9999.
S. Michael Graham's answer Unfortunately, in the great state of Texas. Unlike any other state in the United States, the legislator has determined that workers' comp insurance is optional. Walmart doesn't carry workers' compensation insurance. Essentially, this allows them to deny, dispute, and otherwise not pay claims without the fear of any meaningful legal recourse. If your injury is not due to the negligence of Walmart or a third party, then no lawyer will help you because they cannot get paid for their services in...
Roy Lee Warren's answer You will need to request a BRC followed by a CCH so you can establish the date of injury (DOI). Assuming you have an occupational disease (such as repetitive type injuries) type of injury, the DOI is more difficult to establish. The DOI is seldom the date you first experienced symptoms of the injury. The DWC has stated the DOI is generally the date when the condition requires the worker to seek medical attention.
Roy Lee Warren's answer I am sorry to say you will need to ask this question in the forum located in the State where his case is pending because wc cases are specific to the state. I hope the laws in SC are more favorable than they are here for injured workers.
S. Michael Graham's answer There is no reason to file a workers' comp claim if the incident was not work related. Work related injuries can occur off the premises if the incident occurred while you were in the course and scope of employment.
Roy Lee Warren's answer You need to be careful so your time to dispute does not expire. Typically you have 90 days from the first "verified" notice of the MMI to dispute a MMI/IR that you disagree with. But even if it is past 90 days there are circumstances where you can still dispute. Most wc lawyers will answer your questions if you can get in contact with one.
S. Michael Graham's answer There are many reasons that your prescription may be denied. It might be a narcotic drug which requires a slightly different process to get approved. It could be that the prescription was just lost in the shuffle. You might consider getting a workers' compensation attorney. The attorney will be able to assist greatly in tracking down the problem as well as dealing with the many upcoming problems in the future.
I'm Michael Graham. I'm sorry to hear you are having a hard time with your workers' compensation carrier. Denial of the full extent of your work related injury is typical for insurance carriers. You will most likely have to go through the administrative hearing process to get this resolved. My office will be closed for the Thanksgiving holidays, but we will be back on Monday 11/26/18. I would suggest that you contact my office then to discuss your legal rights. If you do not call...
S. Michael Graham's answer If you were hired or recruited in Texas and then you went to work in Louisiana, Texas would have jusisdiction. You need to speak directly with an attorney to make a final determination on jurisdiction. I don't know if you could file I now Louisiana as well.
I'm S Michael Graham. I'm sorry to hear your husband fell ill. In order to prove your accident is work related, you would need to get to a pulmonary specialist type doctor. A medical expert that can give an exact diagnosis. If he was working on an oil rig or at a specific location, you may be able to have the air tested. Without expert medical opinion stating it is more likely than not, he contracted the chemical at work, you cannot prove up the workers' comp injury. I will be...
Roy Lee Warren's answer Whether you get a 2nd opinion depends on what for...If your employer had WC coverage you probably should request an ombudsman through DWC to assist you with your claim. The are appointed to help you by DWC and they are free.
S. Michael Graham's answer If you are fired for cause, you would not be entitled to off work (TIBs) benefits because the reason you are not earning income (wages) is because you were fired and not because you have an injury. If you can prove the reason they fired you was not for cause such as they were just looking for an excuse to get rid of you, then you may be entitled to TIBs. You would likely have to attend a hearing to get this matter resolved. You would still be entitled to reasonable and necessary medical care in...
S. Michael Graham's answer Without more facts it would be difficult to know for sure why the screening was performed. The NCM can't order the screening on her own. She would have to speak to your doctor(s) to have them order the testing. You should find out which doctor ordered the test and then speak to them about why the test was ordered. In some situations, drug test will be ordered by doctors for different reasons such as making sure you are taking the prescription medication or to make sure you are not taking...
S. Michael Graham's answer You have several questions that would be better addressed by speaking to a workers' comp attorney. You do have the right to attend a doctor of your choice as long as they are in the ISD network/ association. You can go when the appointment is available and is convenient for your schedule. With that said, I recommend to my clients that they try to accommodate their employer to the extent practicable.
Roy Lee Warren's answer Unfortunately I do believe you need to obtain a consultation with a a wc lawyer to at least make sure you dispute the MMI/IR is you disagree with it. If your doctor is recommending surgery MMI would seem premature. I believe the process for determining MMI has inherent flaws because the DD does not get paid for the MMI examination until he certifies you at MMI. If you are not MMI for another year the DD does not get paid for the exam until you are certified.
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.