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Texas Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Texas on
Q: Received Notice of Benefit Review Conference. What do I need to know?

My friend fell off a ladder at work and injured his wrist, resulting in surgery. He has been receiving WC Benefits, but now has received a notice of a Benefit Review Conference. What does he need to do to prepare for this? Does he need to contact the Ombudsman for assistance, or is it best to... View More

S. Michael Graham
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S. Michael Graham
answered on Dec 4, 2017

A lawyer will typically charge up to 25% of the income benefits received from his client. The ombudsman assistance program is free. The ombudsman program are not lawyers. I like to advise people that you get what you pay for.

1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Injured elbow at work, 01/07/17. On WC. MRI ships tear on tendon, have surgry denied at what point do they do MMI?

Sent to Ortho who wanted to do surgery. WC insurance denied due to lack of 12mths of conservative care, now back doing another 6 PT treatments... at what point do I get a MMI?

Peter N. Munsing
Peter N. Munsing
answered on Nov 30, 2017

You want to consult with a member of the Texas Trial Lawyers Assn who handles workers comp. They give free consultations. The problem is that the law has been stacked by the legislature against workers and physicians. There are a lot of baloney reasons for denying comp--I had a case where they said... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Lost an eye in job related accident. How long is WC responsible for cost of replacement of my artificial eye?
Bradford Kvinta
Bradford Kvinta
answered on Nov 28, 2017

We need more info on how the injury occurred. Your attorney can then determine if you’re entitled to additional compensation. Contact someone asap.

2 Answers | Asked in Employment Law and Workers' Compensation for Texas on
Q: Was fired today for being 2 and 3 minutes late after being with company 10 years. I'm I entitled to unemployment?

I'm not the only 1 late for 2days this doesn't seem right.

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Nov 21, 2017

I'm a workers' compensation attorney and not an employment law specialist. The general rule is that you are not entitled to unemployment if you are fired for cause. In this case, although the company will allege cause, it appears to be a minor infraction standing by itself. If you have... View More

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1 Answer | Asked in Workers' Compensation for Texas on
Q: I was hurt on the job the first dr was just giving me pain meds thay did xrays and mri it showed dice hernation a specil

contacted and was trying to schedle me in said she had to comferm dr would be at that ofice on that day said she would call me back a day went by didnt hear from her so i called next day to find out ins was disputing the clam thay said my back problems where from an aged back this went on for bit... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Nov 17, 2017

I would advise you to contact a workers' compensation attorney over the phone to discuss your legal rights. Most lawyers will speak to you for free over the phone. If have listed way too many details for me to adequately respond to you in writing.

1 Answer | Asked in Workers' Compensation for Texas on
Q: I was injured on the job and had to have surgery, I do receive wc but my doctor said I may have this pain for life, what

Can I do. I'm still having the same issues I was having prior to surgery

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Oct 31, 2017

Workers' compensation is a form of insurance purchased by your employer. You cannot collect for pain and suffering. You do have medical for your lifetime for the work related injury. I would advise you to get a complete set of your medical records from your doctors while they are still... View More

2 Answers | Asked in Personal Injury, Employment Law and Workers' Compensation for Texas on
Q: Can a company payroll deduct for a damaged tool workout your prior knowledge? Is there a timeframe for workplace injuri

I recently dropped a piece of equipt. accidentally while working and caused damage. I work in the field and it had rained previously in the day. The ground was not stable and slippery and I slipped while carrying it back to the truck. I also injured my back but did not see a doctor. The company... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Oct 30, 2017

If you are hurt at work, you need to report your injury as soon as possible. You should try to have it reported in writing. You should also try to see a doctor to document your injury. You will also need to know if your employer carries a policy of workers' compensation with the Texas... View More

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1 Answer | Asked in Workers' Compensation for Texas on
Q: Saw wc 9 or 10 yrs ago for 1x visit. Dx. Shoulder sprain. No problem or followup. Can I see my regular medical doctor?

I now have achy pain in shoulder due to being on walker x3wks after knee surgery. Have great insurance, have no desire to see wc for this.can I go to my pcp for anything related to shoulder without gettingin trouble with insurance?

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Oct 30, 2017

I don't think you would have a problem using your private health in this situation. Your symptoms are due to walking on crutches. You won't have the worker's comp Carrier complaining that they should be the ones paying for the shoulder. The WC Carrier doesn't want to pay for... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: I have a work related injury, boss requested not to file workers comp. Now having problems and not able to return

To job by boss's deadline. Can I re-file at this point?

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Oct 30, 2017

The general rule is that you have 30 days to report an work related injury to your employer and one year to file the claim with the Division of workers' compensation. The problem I see in these type situations is that if you have waited too long, the Carrier may not believe you actually... View More

1 Answer | Asked in Workers' Compensation and Medical Malpractice for Texas on
Q: I have a work related injury, but, I didn't file workers compensation as per my boss's request. I'm now having complica

I'm not able to return back to work by the time my boss has given me. Now I'm going to out of a job, no money coming in. Can I now go back and file like I should have done. What are my options?

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Oct 27, 2017

The general rule is that you will have 30 days to report a work-related injury to your employer for a specific injury. You must then file a claim within 1 year from your date of injury. The problem in these cases is the proof. If you can't verify that you reported the claim within 30 days,... View More

Q: Can I sue my company after they ignored health complaints?

The heart attack occurred after I complained to my boss that I was not feeling well, I explained my chest was hurting. He told me to be quiet and go to work. 20 min later I had a massive heart attack while attempting to work.

Roy Lee Warren
Roy Lee Warren
answered on Oct 26, 2017

If they have wc you are limited to filing a claim for wc. Heart attacks (HA) are difficult to prove so I suggest hiring the best WC lawyer you can find. They handle cases on a contingency fee basis so if the lawyer does not win, you owe nothing. HA require proof from a medical provider that will... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: If I cash an impairment check during the dispute process, am I giving up any rights.
Roy Lee Warren
Roy Lee Warren
answered on Oct 26, 2017

No, you do not give up rights by cashing a check. However you must make sure that you dispute within 90 days of VERIFIED notice (meaning return receipt or registered mail) the FIRST valid (meaning=correct/qualified medical provider, not prosepective date, on DWC 69 form) MMI/IR. You may certainly... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: Are there certain lawyers who can take a case if I no longer reside in TX? I live in MO, Injury happened in McKinney.

I had a lawyer, but after a short time he had to drop my case. Since then I have had a hard time obtaining a lawyer. And up until recently my case was at a stand still due to denial after denial from the IC and a difficult adjuster. My injury happened on 12/8/2014. I was recently assigned a new... View More

Roy Lee Warren
Roy Lee Warren
answered on Oct 24, 2017

There are good lawyers that can help with your case. Perhaps you can find one on the websites that answer questions for people. You simply need to have your DD appointment rescheduled. If you indeed have radiculopathy as proven by an EMG, and documented muscle spasms, or atrophy of at least 2 cm... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Health Care Law for Texas on
Q: What does group plan terminated due to termination of employment mean as far as my job goes

I'm currently out on workmans compinsation and I recieved a cobra election form letter saying that my plan is terminated due to termination of employment. I called my director of human resources but was told he didn't know what was going on and that he would call me back by the end of day... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Oct 20, 2017

Your employer probably pays group health premiums on your behalf and you also pay a portion. The same is probably true with your life insurance. If you aren't working, then they will not continue to make payments on your behalf until you return. They will and can legally cancel your private... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: The adjuster is telling me that medical benefits are approved but no wages since my job is sedentary, what can I do?

I just started this job and one month in, I fell and injured both knees and now I am experiencing severe pain and swelling in my legs. I filed my claim the next day but my employer advised me it was not WC. A few weeks later an adjuster contacted me to follow up telling me it was WC. I advised her... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Oct 19, 2017

You need to determine if your claim is through the Texas Dept of Insurance or if it is a self-insured occupational injury claim. If it's through the Texas dept of Insurance, Division of Workers' compensation, then you need to file a DWC 41. Find out who your adjuster is, get claim number.... View More

2 Answers | Asked in Workers' Compensation for Texas on
Q: How long does workman's comp cover me if I never received a one lump settlement and not employed by that company now?
S. Michael Graham
PREMIUM
S. Michael Graham
answered on Oct 19, 2017

If your claim is through the Texas Dept. of Insurance, Division of workers' compensation, you have medical for life for the work related (compensable) injuries.

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1 Answer | Asked in Workers' Compensation for Texas on
Q: I broke my foot on the job. Went to ER and it and it was broke in two places. I went to follow up appt where

I was instructed to go per wc. However this was a dr that practices family medicine. He didn't refer me to a specialist. What can I do?

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Oct 19, 2017

You have the right to choose your own doctor. However, if the wc insurance has a network, then you must choose a treating doctor in the network. You need to know if your claim is network or non-network. Then you will know how to choose a doctor. It gets a little tricky. You can really only switch... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: I have a workers comp question from the employer (Texas). Can I layoff an employee that is on workers comp?

The employee has been treated. Went on leave then came back and left again for a another 2 months and then just came back. Her same position was not available since we had to fill it but she still has employment with us. The situation is that we are losing a physician and now need to downsize... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Oct 12, 2017

If you lay the employee off, they will be entitled to receive wc benefits until they are release full duty or reach MMI. You cannot fire, layoff, or otherwise discriminate against an employee for filing a workers' compensation claim; however, you can do so for a legitimate purpose such as a... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: I was burned on the job by hot grease to my head, face and ear. My employee claims they have no insurance.

I had to be life flighted. I'm not sure what to do. I have no insurance at this time and still having to go to the burn unit..

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Oct 9, 2017

Most employers in the state of Texas are not required to purchase workers' compensation. You call the DWC and ask for insurance to see if they are a subscriber. You company may also have a non-subscriber policy. Good Luck.

1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Q: I filed a WC claim for stress, anxiety (PTSD); it was denied.

I'm utilizing the DWC's ombudsman. Is there probability I can still receive just due? (Can I quit and file for unemployment?).I have been subject to several hostile environment and operational issues at my job for over 4 years and it finally broke me. I have emails upon emails and former... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 9, 2017

Contact a member of Texas Trial Lawyers Assn that handles comp but also employment cases in your county. They give free consults. PTSD from work conditions is not impossilbe but near impossible. Workers comp systems aren't too embracing of the concept as you may have found.

On a non...
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