Texas Workers' Compensation Questions & Answers

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 and Workers' Compensation 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 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.

Q: i got let go while on WC for a non WC reason. i would like to know am i still covered for services and pay until im 100

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Sep 26, 2018
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...

Q: Can workers comp insurance continually ask for urine drug screens at doctors visits 18 mnths AFTER injury

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Sep 26, 2018
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...

Q: I am a teacher that was injured on the job, recieved surgery, and is now having to attend physical therapy 2x/week.

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Sep 9, 2018
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.

Q: I was injured on the job 3/29/18 and have been out on WC ever since. Is it time to seek a lawyer?

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Aug 30, 2018
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.

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