Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I relocated to TX in 08, and continue to work for same employer. The '04 surgery did not help neck pain at all. Progressive symptoms through present. 3 radiofrequency ablations in past two years. Chrio, PT, and meds help some. Hard time finding doctors in TX that understand CA future... View More 
answered on Jan 17, 2018
It sounds like your case is under California law. You might need to consult with a lawyer licensed in California. If you claim was filed in Texas, you have the right to contact the OIEC and request a BRC hearing. OIEC would be able to answer some basic questions. It will be hard to get an attorney... View More
answered on Jan 17, 2018
If you are at Statutory MMI, the doctor must rate you. He will take measurements based upon your current physical abilities -- even if you are in a sling. This is the rating that will be used. You have the right to challenge the rating with your own rating if you do not agree with the designated... View More
The company carries wc insurance does she have a claim
answered on Jan 15, 2018
This can get a little tricky. There are certain DWC forms that dictate who will be the workers' comp carrier. When you say there is coverage, are you referring to the subcontractor or the general contractor. If it is with the subcontractor, she should be covered; however, if it is with the... View More
Doctor has said he will probably need more surgery. Does this settlement stop further benefits
answered on Jan 15, 2018
If your husband is scheduled for surgery in the very near future, you can challenge the rating by filing a DWC 45 and requesting a BRC and/or CCH hearing with the DWC. If the proposed surgery just something that may need to be done in the distant future, it may not have an effect on the MMI date.... View More
I lost around 39% hearing in one ear and 49% in the other ear. after hearing aids were provided. Workman's comp insurance, avoids contact. no follow-up with me. I have documented info on audiograms hearing test, noise surveys at work. is there time limits on cash settlement benefits?
answered on Jan 11, 2018
You do not provide enough facts to give you an answer. You have 30 days to report claim to employer, one year to file a claim with the Division as a general rule with exceptions in some cases. You must prove that the work caused the hearing loss. You should then be entitled to receive an permanent... View More
I have a herniated disc w \ sciatic down my right leg and they are calling it a back sprain
answered on Jan 10, 2018
I think you need to hire a lawyer asap because your case is on the fringe of being finalized with MMI/IR. You need to have the extent of your injury decided and you must start with your treating doctor.
answered on Jan 10, 2018
No but the MMI/IR could be from two different areas on your body. To get an impairment rating you have to be at MMI, maximum medical improvement, meaning you have gotten about as well as you will ever be. Sometimes medical providers refer injured workers out for evaluation to a specialist but when... View More
We had an employee that was working out in the field at a plant for one of our projects and he passed out due to not taken his regular prescribed medication. He was rushed to the hospital and now he has bills coming in and he feels the company should pay for the bills. Not only that he thinks... View More
answered on Jan 10, 2018
This will be a factual issue to be decided by the fact finders. I have seen it go both ways on wc cases. For instance many times the DWC will look to the instrumentality of the injury. If for instance the worker was on a rig and fell off hitting his shoulder on the ground the DWC has held the... View More
I was unable to complete the IT project because I was injured on the 2nd job. I had completed hundreds of hours of IT work and had about 200 hours to finish the project. The company I was working on the IT project for says they are not going to pay me. I sent the invoice to the company I did the... View More
answered on Jan 10, 2018
You should have a contract. A contract can be written or verbal. Obviously, its much harder to prove up a verbal contract, but if you can then they would owe you the money. I'm not too sure how much they owe you. This may effect where a lawsuit would need to be filed. You should get an email... View More
I wanted to know what are my rights if I dont agree and because I didnt know about not taking the WC check can I give it back and pay for my own medical bills and see my own doctor and sue them in the process?
answered on Jan 10, 2018
You may be able switch doctors without having to pay out of your own pocket. If it’s your first change and a non network claim, you could switch to any doctor willing to treat under certain circumstances. If it’s a network you can also change to a doctor in that network. You can always pay out... View More
The check is from citi bank. Closest citi bank to me is 2 hours away. What is causing the check cashing establishment to deny the payout?
answered on Jan 8, 2018
I'm not sure why the check cashing place is denying. If it is workers compensation and you have a checking account, you can set up a direct deposit account with the workers' compensation carrier to hopefully avoid this problem in the future.
I pick up trash at night time. I'm required to use my flashers at all times when the vehicle is parked even though I have 2 magnets, one inside and outside my vehicle that say who I work for. If my vehicle battery dies due toflashers draining the battery, am I allowed to submit a claim with my... View More
answered on Jan 5, 2018
This is not really a wc question but I will answer for you. Go to the website below and it should give you the answers you seek because it provides information on what workers in Texas (not sure about Florida) are entitled to be paid for. Good luck to you.... View More
I’m an Art Director who also organizes the company party’s & functions. It was the end of our holiday function, I was cleaning, an intoxicated coworker waiting on a sober ride who was wearing 3 inch heals took a tumble using me to stop her fall she pivoted us in a spin to the ground with... View More
answered on Jan 5, 2018
There is an old (? before I was practicing law) Texas Supreme Court (TSC) Decision that ruled if one of two insurance carriers (health care insurance or workers comp carrier) owe benefits to a person they are to pay and basically figure out who owes between them. Making the injured party pay was... View More
I was loading boards on a trailer. My restriction is 20 lbs for the one arm. The boards I was picking up did not weight 20 pounds
answered on Jan 4, 2018
If the adjuster will not pay your TIBs benefits, then you have the right to attend a hearing with the Division of Workers' Compensation to challenge her decision. If you prevail, she will owe you all back TIBs benefits. You have the legal right to hire a lawyer of your choice, to protect your... View More
I’m an Art Director who also organizes the company party’s & functions. It was the end of our holiday function, I was cleaning, an intoxicated coworker waiting on a sober ride who was wearing 3 inch heals took a tumble using me to stop her fall she pivoted us in a spin to the ground with... View More
answered on Jan 3, 2018
There are several issues presented in your facts. You need to report your injury to your employer. You should have your surgeon get the surgery preauthorized under workers compensation even if you have the surgery on your private health. You should submit the claim to the workers' comp carrier... View More
I start call State of Texas on 05/15/17 ..about Impairment results copies and before my 90 dsys had passed on 09/28/17. given IME test which said I haven't reached MMI....now about to go to CCH
answered on Dec 18, 2017
I'm not too sure what your question is. It sounds like you are going to a CCH to determine if you are at maximum medical improvement and what your current impairment rating is. You will likely need a DWC 69 report from a doctor that supports your position at the CCH. You should consult with a... View More
I had surgery on shoulder in June and I have not been released by the surgeon or the workers compensation doctor in which they sent me to see when i got hurt to return work. My adjuster requested a mmi, impairment rating and a return to work evaluation from another doctor.
answered on Dec 18, 2017
Because the Carrier pays for your surgery and other income benefits, they have the legal right to request for MMI and IMP even though your treating doctor may disagree. They first have to request a state selected doctor (designated doctor) and then they can request another doctor of their own... View More
I have been going to therapy for over three weeks and have not had any significant improvement in mobility. The Dr. Is at a Urgent Care type place, and I don't feel that the treatment being given is effective. My H.R. told me that if I choose to go to my personal Dr. I lose WC.
answered on Dec 5, 2017
No you do not lose wc benefits, however, the insurance carrier may not have to pay your personal doctor. Also you may also have to continue to see their doctor in order to get income benefits because they may not honor you personal doctor, particularly if they have "network" doctors. If... View More
Im an assit. Manager for apartments in texas, owned by a corporate. My Contract says m-f 1pm-5:30pm free rent on an apartment on site. If they ask me to work other hours outside of the 1-5:30pm should I be getting paid actually $$ for those hours?
answered on Dec 5, 2017
This is not really a wc question but I will point you in the right direction to get your question answered. I will post the website for you below regarding the Texas Payday laws. Good luck to you.
http://www.twc.state.tx.us/jobseekers/texas-payday-law#paymentsSubjectToPaydayLaw
I was in an orientation at UPS they sat us down to watch a training video but while I was watching a heavy box fell on my head from approximately 11-13 feet it made me dizzy and nauseous afterwards and they asked me to sign some paperwork so I could go to a doctor or something I can't really... View More
answered on Dec 5, 2017
Employers c/n require you to waive a wc claim so if that is what you are worried about put you mind at ease. Also it does not matter if you were hurt during orientation, it is still compensable. Call UPS and ask which medical provider you should see and for a copy of the document you signed. I do... View 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.
