Texas Workers' Compensation Questions & Answers

Q: I live in Amarillo Texas and on WC. Do they have to pay me for wages lost due to drs appointments and physical therapy?

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Feb 18, 2019
S. Michael Graham's answer
You should be entitled to partial temporary income benefits, if you are not earning your average weekly wage. If you have doctor's appointments that are over 30 miles one-way and there are no other closer doctors, then you would be entitled to mileage too. My advice would be to get a workers' comp attorney to help you get these matters sorted out.

Q: The insurance adjuster I have said they are not workers comp the have there own insurance. I have been trying to get the

2 Answers | Asked in Workers' Compensation for Texas on
Answered on Feb 15, 2019
Roy Lee Warren's answer
SORRY FOR YOUR SITUATION. I do not always trust employers, call Texas Department of Insurance,Division of Workers Compensation (I think the main line is 512 804-400; but you can look it up online). Or you can go to the website and look it up yourself.

If the employer is truthful and they do not have wc, one of two things. They could be "self insured" meaning they still must follow wc laws. Or they could have an ERISA plan that is not wc. If that is the case ask for a copy of the policy...

Q: How do I find out if my employer has workers compensation? Do they have to file a claim or not? The doctor they sent me

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Feb 8, 2019
Roy Lee Warren's answer
You can call DWC in Austin or look your employer up online at the Texas Department of Insurance, Division of Workers' Compensation (DWC) to see if they are covered. The employer has the DUTY to report all lost time injuries to DWC and its carrier or it can be penalized for failure to do so. It is NOT your responsibility to report the injury to anyone other than your employer (within 30 days). In fact even if you beg the employer not to report your injury it still has the duty to report the...

Q: If your employers fires you while you are on workers comp in Texas . Does workers comp stop paying you wages ?

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Feb 8, 2019
Roy Lee Warren's answer
Depends (I hate saying that) on whether you were terminated for cause or for a reason not your fault. If you are fired because you are no longer able to perform the functions of your job demands you may still be entitled to income benefits if you are not otherwise disqualified. A reason your benefits could be stopped is if you are at MMI and released to return to work. Also be aware once you reach MMI, assuming you are awarded IR, you are still entitled to impairment benefits awarded if you are...

Q: If i'm off from 1 job for an injury, can i work second job with injury restrictions

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Answered on Jan 14, 2019
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.

Q: I work for Walmart was injured on the job the insurance company is giving run around do I need an attorney

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Jan 7, 2019
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...

Q: My workers comp case was denied do to wrong onset date..texas dept. of insurance said to refile under the right onset.

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Dec 20, 2018
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.

Q: Are schedule injury benifits suspended from when i was arrested and incarcerated or when i was convicted ?

2 Answers | Asked in Insurance Defense and Workers' Compensation for Texas on
Answered on Dec 10, 2018
S. Michael Graham's answer
When you start missing time from work, so it would normally be from the date of incarceration.

Q: My finance was released from his doctor the 1st of June 2018. Workers Comp has not notified him of a settlement yet.

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Dec 5, 2018
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.

Q: Can employer force you to file a workers comp claim for an injury that occurred outside of work, not in the work place?

2 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for Texas on
Answered on Nov 29, 2018
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.

Q: my case got close. didn't get proper treatment. can I reopen my workercomp case

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Nov 28, 2018
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.

Q: I need a lawyer that will take my workers comp case. I was hit on right hand back side and have 2 fractured vertebrae

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Nov 25, 2018
S. Michael Graham's answer
My office is currently closed but will be opened back up on Monday 11/26/18. I will be able to discuss your case with you over the phone at 10:00 am -- 4:00 pm.

I do not charge for the first phone call. My number is 214-358-6060.

Q: My husband and I are looking for a attorney that handles workers comp disability cases. Also someone who handles medical

1 Answer | Asked in Medical Malpractice, Personal Injury, Social Security and Workers' Compensation for Texas on
Answered on Nov 21, 2018
Daniel John Christensen's answer
Hello!

If you are still needing assistance please call (512) 220-1800 and we would be more than happy to help you out!

I hope to hear from you soon!

Q: I got injured in may underwent surgery in september tried getting perscription filled last tuesday and denied

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Nov 21, 2018
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.

Q: Injured my lower back on the job, went to Dr was sent for MRI.

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Nov 21, 2018
S. Michael Graham's answer
Hello:

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...

Q: The case worker/nurse called and is asking to go with me to my next dr appt. Am I abligated to let her go?

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Oct 23, 2018
S. Michael Graham's answer
Hello:

I'm attorney S Michael Graham

Feel free to call me at my office to discuss the facts of your case. My office number is 214-358-6060.

Q: I was hurt on job in Louisiana working for company from Texas. Which state has jurisdiction to file?

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Oct 23, 2018
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.

Q: My husband is in construction, working in amarillo, he came home and fell ill with a rare illness caused by environment

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Oct 13, 2018
S. Michael Graham's answer
Hello:

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...

Q: I

1 Answer | Asked in Employment Law, Workers' Compensation and Car Accidents for Texas on
Answered on Oct 11, 2018
Peter N. Munsing's answer
You have a claim for your injuries and lost wages. Contact a member of the Texas Trial Lawyers Assn for the County where it happened. They give free consultations.

Q: I got hurt at work. I slipped and fell, I had on my slip resistant shoes. I went to the doctor they told me too go to.

2 Answers | Asked in Workers' Compensation for Texas on
Answered on Oct 4, 2018
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.

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