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Texas Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Texas on
Q: In Texas,on the job injury,must a ua be taken within 8 hours of the injury,for the rebuttable presumption ?
S. Michael Graham
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S. Michael Graham
answered on Nov 2, 2022

I am not aware of any 8 hour time frame. Usually, the further out the test is taken the more likely it is that you would be intoxicated. The drugs/alcohol will leave the system with time.

1 Answer | Asked in Workers' Compensation for Texas on
Q: How long after workmans comp submission can I sue if they gave me the run around. Say it approved but docs had nothing.

Got injured at work a few years ago and workmans said everything was approved I'd go to physical therapy/ pain management doc and they always said they hadn't received anything but yet had my name. The exception was the regular doctor that could only apologize say they had no idea what... Read more »

John Michael Frick
John Michael Frick
answered on Oct 20, 2022

You can’t sue.

But you can receive medical treatment for your work-related injury from any health care provider who accepts worker’s compensation cases.

Your health care provider will likely need your TWC case number for your workers compensation claim to bill the correct party.

1 Answer | Asked in Workers' Compensation, Health Care Law and Insurance Defense for Texas on
Q: If I return to full duty at work, is the responsibility of the insurance carrier over?

I injured my right knee during a slip and fall at work. The injuries are a complete tear of the ACL, partial tear of the MCL and buckling of the PCL. I have arthritis in me knee and the only surgery that me doctor will do is a complete knee replacement. The Worker’s Comp insurance carrier said... Read more »

S. Michael Graham
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S. Michael Graham
answered on Sep 15, 2022

It is very difficult to prove a total keen replacement is due to your work related injury. You will need an expert medical opinion to state all the conditions for which you need the total knee replacement are a result of the work injury within a reasonable medical probability. If you prove this,... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Q: I was assault bye a shoplifter injuring hip and lower back

I was hurt on the job

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2022

A Texas attorney could advise best, but your question remains open for two weeks. At this point, you could reach out to workers' comp attorneys to discuss your matter, since your injury took place in the course of employment. An experienced attorney should be able to outline any other causes... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: My workman’s comp Dr released me to go back to work but the regular Dr didn’t. What will happen if I returned to work?

Regular dr paperwork had a return to work date. I asked if I had any appointments the office said no. I went to see the workman’s comp Dr and he released me back to work per the notes from the regular Dr. I was back to work for 3 days. Started physical therapy and needed a refill on medication.... Read more »

Tim Rose
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Tim Rose PRO label
answered on Aug 19, 2022

It is ultimately your decision whether to return to work and what is best for your health. Workers comp may decide not to pay you for the days you missed since their doctor has released you to work. You could also contact the work comp doctor and ask them to reconsider your work status based on the... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: I am currently going through wokers comp because of an injury at work. When my employer gave them my wage statement

For the last 13 weeks they put down 20 hours, 33 hours, 30 hours, 40 hours etc. I was actually working a ton of overtime. 60 hours, 60 hours, 58 hours, 48 hours, etc. there was only 1 week that I worked 38 hours and that was because I hurt myself on a Thursday and left early. The head... Read more »

S. Michael Graham
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S. Michael Graham
answered on Jul 6, 2022

If you have a claim filed through the Texas Department of Insurance, Division of Workers' Compensation, you have the right to challenge the wages your employer has listed at an administrative hearing. The easiest way is for you to get copies of your paycheck stubs to document your actual wages... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: I have to file a lawsuit in District court against Workers compensation company. the appeal panel didn't make a statemen

There were 4 witnesses to the accident, and 3 separate doctors, including a state designated doctor, stated my injury happened at work. The Designated Doctor used ICD10 codes. The original doctor used ICD9. The ALJ stated in his ruling that he didnt know why the doctor changed diagnosis codes and... Read more »

S. Michael Graham
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S. Michael Graham
answered on Mar 1, 2022

You may be able to win your case in district court. The problem is that it is very time consuming and expensive to go into district court. For example, to have a doctor testify on your behalf or to even take the doctor's deposition, you are looking at about 5K. The lawyers fees in district... Read more »

1 Answer | Asked in Workers' Compensation and Employment Law for Texas on
Q: My manager wants me to perform two different job positions with a different level of pay without compensation for it.

During the past year, I have been asked to perform multiple duties that higher-level employees perform. I have asked for a promotion and was denied. According to my new manager, I don't do enough to be a team player that deserves a promotion. I have been performing all the extra duties I have... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 16, 2022

There is no limit to the number of job duties or responsibilities your employer can assign you. If you are paid by the hour, however, you must receive pay for all the hours you work, and you must receive overtime pay (1.5 times your hourly rate) for all hours worked over 40 per week. If you are... Read more »

2 Answers | Asked in Personal Injury, Workers' Compensation, Criminal Law and Civil Rights for Texas on
Q: Exceptions to Workers’ Compensation Immunity

I got ran over by a garbage truck and the person drug test came back positive for cocaine the same day and he got fired. Would that fall into intentional tort because he knew what he was doing was wrong and he could injury someone while driving high, especially a commercial vehicle?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 8, 2022

Filing a lawsuit to recover damages is not a matter of criminal law.

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1 Answer | Asked in Contracts, Workers' Compensation and Construction Law for Texas on
Q: If I work on the house I'm living in can I charge my landlord for the labour I put in

My landlord basically said If I hire someone to work on my house then he will not pay for the labor but he didn't say if I worked on the house that I couldn't charge him for labor

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Jan 13, 2022

No. You would need a contract. Otherwise it would be deemed a gift. Contracts involving real estate need to be in writing. This would be a contract for services so I not too sure. Always better to have something in writing. Good Luck.

1 Answer | Asked in Workers' Compensation for Texas on
Q: Our office was closed due to mold but we were told it was for maintenance. Should they have told us the truth?

I have asthma and we were never told the truth about the mold. A few years ago we had a sewer problem, and another employee took pictures of the mold. I feel we should have been informed as this can affect people’s health.

Andrew M. Rodabaugh
Andrew M. Rodabaugh
answered on Nov 8, 2021

Your employer should have advised all employees if there was exposure to a toxic amount of mold. Whether or not this amounts to a valid workers compensation claim would depend on particular state law and usually there is a requirement that the exposed individual be injured by the exposure.

1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Q: If your lawyer tells you to go back to work after surgery should you even though the Dr hasn't released you for work.

I have had neck and back surgery and he said why don't you go back to work doing what you did previously nad what I did was construction most companies won't hire me for customer service when I worked construction for 90%of my life and I can't receive disability or unemployment or... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 5, 2021

A Texas attorney could advise best, but your post remains open for four weeks. And this is not a question suited for a brief textbox response here. Not to evade your question - but this is a very important decision that you should discuss with your attorney. Your attorney has all your file... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: I was hurt on the job .was seen by a door over the phone witch said I had a sprained hip and sent me back to work with

Sent me back to work no restrictions. I tried but am in a large amount of pain what can I do???

Carrie Dyer
Carrie Dyer
answered on Oct 27, 2021

You should ask for a second opinion by a different medical provider. Then, you should provide that paperwork, including any restrictions you are given, to your employer.

1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Q: I need to know who to talk to about me working at a job site and hitting a electrical power line it exploded in my face
Juan G Ramos
Juan G Ramos
answered on Aug 5, 2021

You need to speak to your employer immediately. If you were a contractor working under a general contractor you need to contact the general contractor. The purpose of this notice is to see if your employer or supervising contractor have worker's compensation insurance.

2 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: I need to know who to talk to about me working at a job site and hitting a electrical power line it exploded in my face

No 911 never was called and I was not seen my boss told me not to tell nobody but I have to because my vision is not right I know it's not and I'm just afraid to get anybody in trouble but this is not right what do I do

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

First you need to talk to a member of the Texas Trial Lawyers Assn in your county who handles workers compensation. They work only for workers, and give free consultations.

You need to get medical attention as soon as possible. Start by seeing your family doctor. Be sure to jot down the...
Read more »

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1 Answer | Asked in Personal Injury, Workers' Compensation and Medical Malpractice for Texas on
Q: Got ran over by a garbage truck!

What can I do? I got ran over by a garbage truck December-11-2020. Stayed overnight at the hospital. The E.R. Doctors sent me home the next day. Workers compensation doctors had me do therapy and they let my foot healed improperly. I was forced to walk on my foot for months with it like that until... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2021

A Texas attorney could advise best, but your question remains open for three weeks. The doctors who sent you home might argue that their decision was a sound one based on findings of a physical examination, x-rays, CTs, or other medical evidence available at the time they formulated their... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Workers' Compensation for Texas on
Q: How to describe pain in body specifically without sounding like a junkie or like I'm reading off a cue card

Ok so my attorney said he wants me to list off all my back issues with like l1 l2 l3 l4 l5 c2 c3 c4 and t1 t2 t3 t4 t5 n neck and my torn shoulders he said you have tooth pain that's your new fav word look at a nerve diagram and follow these nerves n be like cause l5 is messed up on pauper... Read more »

Tim Akpinar
Tim Akpinar
answered on May 29, 2021

A Texas attorney could advise best, but your post remains open for two weeks. Regardless of what state you're in, it sounds like you have an attorney representing and advising you. So that must be respected. But as a general note, it sounds like you are going to an IME (independent medical... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: What can be done in this situation?

My brother in law works for a landscaping company. His boss forced him to go up in a tree near a power line in strong wind and he got electrocuted and fell 14 feet. Before going up, he showed his boss what was happening and made sure the hazards were known because they don't have any... Read more »

Daniel John Christensen
Daniel John Christensen
answered on Apr 29, 2021

Yes, the employee has a claim against his boss, assuming his boss is not a subscriber to worker’s compensation insurance. The person should contact a Board Certified Personal Injury Attorney as soon as possible for a free consultation.

1 Answer | Asked in Workers' Compensation for Texas on
Q: I work for Walmart and had an injury at work and the Walmart doctor says it’s arthritis ,im in a lot of pain .

And there is something wrong with my legs and my knees

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Apr 26, 2021

Walmart does not carry traditional workers' comp through the Texas Dept of Insurance. They hand pick the doctors you will have to see. As a result, the doctors will usually tell you your injury is an age related issue. If you were injured as a result of negligence on the part of Walmart, then... Read more »

1 Answer | Asked in Employment Law, Small Claims and Workers' Compensation for Texas on
Q: sue for not pay work comp from walmart

Walmart claim denied for my injury from work on paper dept. they did not find any evidence of my injury so I want to sue them

Carrie Dyer
Carrie Dyer
answered on Mar 24, 2021

This does not sound like an employment law-related matter. You should contact an attorney in your area who practices workers' compensation law to discuss your options.

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