Lawyers, Answer Questions  & Get Points Log In
Texas Workers' Compensation Questions & Answers
1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: Coworker cause my accident and we're both employed at the same place I cannot sue them for negligence can I

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... Read more »

John Michael Frick
John Michael Frick
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... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: I recently got hurt at work I'm on light duty at the moment. Is my position protected?

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

S. Michael Graham
PREMIUM
S. Michael Graham
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... Read more »

1 Answer | Asked in Workers' Compensation and Social Security for Texas on
Q: Can my w.c. case be closed because my pain doctor, who I have seen for 18 years, used the wrong compensable injury on

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... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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... Read more »

3 Answers | Asked in Workers' Compensation for Texas on
Q: My sister was injured at work. Workman’s Compensation is denying surgery despite the MRI findings of a torn rotator cuf

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?

John Michael Frick
John Michael Frick
answered on Feb 15, 2023

If her treating doctor is an orthopedic surgeon and is recommending surgery, he/she needs to request a peer-to-peer with the workmen’s compensation carrier’s orthopedic surgeon to discuss why surgery is the best option in her case.

Surgery is not always necessary or recommended for a...
Read more »

View More Answers

3 Answers | Asked in Workers' Compensation for Texas on
Q: My sister was injured at work. Workman’s Compensation is denying surgery despite the MRI findings of a torn rotator cuf

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?

Jimmy Doan
PREMIUM
Jimmy Doan
answered on Mar 5, 2023

Your sister is not alone in facing what appears to be an initial denial of her Texas worker’s compensation claim. Unfortunately, when it comes to Texas worker’s compensation cases, a significant percentage of claimants are denied when they initially file a claim for benefits.

A bit of...
Read more »

View More Answers

3 Answers | Asked in Workers' Compensation for Texas on
Q: My sister was injured at work. Workman’s Compensation is denying surgery despite the MRI findings of a torn rotator cuf

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?

Tim Rose
PREMIUM
Tim Rose pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read more »

View More Answers

1 Answer | Asked in Libel & Slander, Employment Law, Workers' Compensation and Civil Rights for Texas on
Q: Do you believe under any section on any category are black people seen as equally equal or separateed equally equal?

Honestly honest opinion

John Michael Frick
John Michael Frick
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...
Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: Do I still go to my dr? Why did the catscan show one thing but X-ray from company dr show different? Are they lying?

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... Read more »

John Michael Frick
John Michael Frick
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...
Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: Work Comp Peer Review says surgery, but they won't approve pre-auth for it. What do I do?

I work for a school district and fell on campus. Over time my injury was getting worse, even though I sought treatment that day and months after. TASB had a peer review done that agreed my injury was likely caused by a fall and that surgery was recommended. After working with my dr to remedy the... Read more »

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Jan 3, 2023

The adjuster on your file does not have medical training so whether the surgery is reasonable and necessary is subcontracted out to medical specialist that determine whether the requested procedure meets ODG guidelines. If the LHL-009 (Request for IRO) is not successful, then I would recommend you... Read more »

1 Answer | Asked in Workers' Compensation, Business Law and Construction Law for Texas on
Q: Construction company in Texas. Waive of Liability for Subcontractor without Worker's Comp?

I am hiring a subcontractor - They do not have workers comp. Can I have them sign a release of liability?

John Michael Frick
John Michael Frick
answered on Jan 2, 2023

Yes, the TWCC has a specific form especially designed for this purpose.

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
PREMIUM
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
PREMIUM
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
PREMIUM
Tim Rose pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
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: The report from the IR reviewDr was delivered the same day as my hearing. Didn’t get to read it. How is this legal?

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?

S. Michael Graham
PREMIUM
S. Michael Graham
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... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Civil Litigation for Texas on
Q: Can I sue for being terminated for accidently falling asleep at my home desk.

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... Read more »

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Workers' Compensation for Texas on
Q: Does my Texas company have to approve the MRI that the Medcor doctor has ordered?

I was injured at work and my company through Medcor sent me to a doctor. The Medcor doctor ordered MRI'S on my back for this coming Wednesday and a pain doctor on this coming Friday. Now my boss says that the company has to ok the tests. Is that true? First my boss would not make accomodations... Read more »

John Michael Frick
John Michael Frick
answered on Jan 15, 2023

Your employer has no say over what care your doctor provides or prescribes for you.

Your employer’s workers compensation carrier will disregard its wishes in this regard

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Texas on
Q: Hi Carla the EEOC office give this number my situation is hard because they don't payme my bonus and also take my insu

They take my insurance in February and they fired me March and also I thing they.broke the rules and they have alot favoritism I work for 20 uears6

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

It is difficult to understand your question, but if you have been discriminated against in some way you may have a claim. I would need to learn more.

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.