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Texas Workers' Compensation Questions & Answers
1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: Can a company be sued by an employee for mental and emotional stress?

My daughter is constantly bullied by her boss.

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

"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...
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1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Texas on
Q: worker’s comp, EMP is injured, MNG delays report, told to return to work, injuries worsen, negligence or liable on MNG?

OSHA violation for equipment prohibited, MNG cleaned cuts but infection set in, EMP is diabetic, INS CO omitted details of time and treatment before claim was filed, treating DR refused MRI for hand fracture with abscess as treated by EMERGENCY DR, denies injury effect and denies benefits.

John Michael Frick
John Michael Frick
answered on Mar 20, 2024

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

1 Answer | Asked in Workers' Compensation for Texas on
Q: Workers comp is saying they need to verify my impairment rating even though their certified, Doctor conducted rating.

Workers comp certified doctor gave me a rating of 44%. Worker’s Comp. said they will give me impairment rating benefits at an impairment rating of 5% until they can verify the 44%. How can they legally do this since my impairment rating came from their certified doctor to begin with?

S. Michael Graham
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S. Michael Graham
answered on Dec 27, 2023

The Carrier does not have to accept the rating provided by the state selected Designated Doctor. They can hire a private doctor (RME) and require you to go to this doctor. Then they can challenge the rating before and Administrative Law Judge (ADJ) in a Contested Case Hearing (Administrative Court).

1 Answer | Asked in Workers' Compensation for Texas on
Q: My husband, John, got a torn right rotator cuff injury at work. He has seen a doctor for this and is currently receivin

workers compensation. He also has esophageal cancer that is metastatic and extremely aggressive. He days ago recieved the pt scan results that indicate the cancer has spread to more areas of his body. Our question is, being that this cancer is as aggressive as it is, is there a way to get a... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Dec 27, 2023

I sorry to hear you husband is having a rough go of it. If your claim is filed through the Texas Department of Insurance, Division of Workers' Compensation, there is no settlement. If surgery has not been recommended or he chooses not to have the elective surgery, you could attempt to get an... View More

3 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Was hurt at work. Insurance company treated herniated disc in my back. Now they are saying it was not part of the injur
Neill Nwoha
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Neill Nwoha pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023

Ah, this is just business as usual. I have never come across a workers compensation doctor that was able to found an injury. And the ones that do dont tend to get re-hired by company's.

I would seek a second opinion from a different doctor, and inform your employer of the findings of...
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3 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Was hurt at work. Insurance company treated herniated disc in my back. Now they are saying it was not part of the injur
John Michael Frick
John Michael Frick
answered on Dec 7, 2023

A herniated disc is a relatively common injury that can result from a work-related accident or several other possible causes. It can occur as a result of an acute trauma or develop gradually over time. Particularly in the latter case, it may go completely unnoticed by the patient and not produce... View More

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1 Answer | Asked in Workers' Compensation for Texas on
Q: I lost my workers comp case in TX 5 yrs ago. Pain is 1000% worse now. Can I re-open claim?

The carrier claimed my lower back injury was pre-existing & ironically, judge said not enough evidence to show it was an aggravation of prior injury. I have been to 5 physical therapists, chiropractors, ortho doctors & pain is far worse. If this was the simple “strain” the court made it... View More

John Michael Frick
John Michael Frick
answered on Jun 20, 2023

Probably not.

Many people develop back problems like degenerative disc disease with age.

Many people remain unaware and without symptoms until they suffer a relatively minor back injury like a sprain.

Once they become aware of the problem, they become very attuned to the...
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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... View 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... View 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... View 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... View More

James L. Arrasmith
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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... View 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?

Tim Rose
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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... View More

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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...
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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...
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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...
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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... View 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...
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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... View 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... View 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... View 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.

Q: If you're old employer lies in a workmanc comp hearing can you sue for deformation ? He committed perjury.

"I am currently seeking legal representation to address the egregious actions taken against me by Robbins Chevrolet. This includes filing a lawsuit against them for the perjury committed during two hearings, defamation of character, and any other legal avenues available to seek justice for the... View More

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

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...
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