You need to report your specific work injury to your employer. I recommend you do this in writing or text or some why to prove you reported the injury. You need to file a DWC 41 form. You need to find out who the workers' comp carrier is and establish a claim with them. You need to know if it... View More

Yes, you say they are "self-insured" that has a legal meaning that they still adhere to the wc rules. However, if they are a "nonsubscriber" that is different, but you can sue them for negligence and the case is treated as a personal injury case rather than wc. . As long as they... View More

Their response saying you were not employed long enough is laughable! If you are employed for a moment that would be long enough. Speak with a wc lawyer and pursue your claim. I hope they insist on that defense when you take it to a hearing. File a claim with DWC as soon as possible. Good luck.

You have a personal injury claim in addition to the wc claim. Consult with a PI lawyer, most give a free consult and will take your case on a contingency basis so you do not pay until the case is won. As for your wc case make sure you give written notice of your injury within 30 days. You do not... View More

If you went to see a designated doctor appointed by the Department of Insurance, then you need to request a Letter of Clarification to get the "mistake" corrected. I'm not sure which doctor's gave you what rating. The RME doctor is the Insurance Company's selected doctor... View More

I'm assuming you are referring to your private healthcare coverage and not your workers' compensation. Your employer is not legally required to provide you with any healthcare coverage. Essentially, this is a fringe benefit. For example, your employer could say we will provide you with a... View More

If you receive a lump sum that constitutes a final settlement of all income benefits. Also, income benefits are only due 401 weeks from the date of injury. Bottom line is you can't get any more money from wc carrier. You do have lifetime medical.

You might have a workers' compensation retaliation claim under Chapter 451. I am assuming your workers' compensation attorney is helping you with that. If not, you may need to contact an attorney to pursue that avenue. As for your potential disability discrimination claim, more... View More

Assuming your company knew about this, they wouldn't have paid if someone else was primary--and if they did they would have made a claim against them.

By the way, if they didn't know you used your car for work you may want to let it be--otherwise they can cancel you as most... View More

There are many different reasons that a shoulder surgery may denied. Your best bet is to contact a workers compensation attorney to discuss the matter. We will need specific facts. I will be in jury trial all this week. My secretary will be here. She is pretty familiar with the rules. It looks like... View More

Hi, you laid out your question in a clear concise manner so I hope I can provide the same type of answer for you. The type of injury you apparently have is called a repetitive trauma or occupational disease type injury. These type of injuries are notorious for having a date of injury that can be... View More

I you are not working and your employer has not offered you any restrictive duty, then you might not want to quit your job. On the other hand, if you are working on restrictions and you move away, then you likely would not be entitled to receive workers' comp income benefits (TIBs). The reason... View More

A couple of things, first you employer does not get to pick and choose which injuries to turn into its insurance carrier (IC). Once it knows you have alleged a WC claim, it MUST file its claim with the IC or it could waive valuable rights to dispute your claim. Also the employer does not have the... View More

Assuming you signed a DWC 24, (an "agreement", but absolutely not a settlement because "settlements" are not allowed in WC) it probably included an agreement that you "agreed" to the MMI and IR given. If so you have a very hard situation because you will have to... View More

I believe you are correct, a lawyer probably can figure out a way to reopen, particularly if you have it class correctly. WC cases in Texas are not supposed to be closed because they have life-time medical for the injury.

This is easy answer for you. You can call DWC office nearest you, tell them your name and social security number. They can look you up and tell you all about your claim. I am not sure where the closest office would be but perhaps Laredo? You can find their number on the web, Good luck.

As you probably already know the 4% allows you to receive 3 weeks of IIBs for each point, or 12 weeks of IIBs. Your income benefits end at that point, sorry. But as DWC and the carriers lover to point out, you get life-time medical for your injury, as long as you can prove the medical treatment is... View More

First you need to discover whether the employer has wc insurance. No doubt if it has been more than 30 days since the incident the employer will not remember being told. It would be a good idea to give written notice. This type of injury has VERY specific parameters that must be followed because it... View More

I believe so, just ask the adjuster handing your case if it will give you a printout of the medical and income benefits paid on your claim.

It certainly could be discrimination but depends on the facts. Are others treated differently, does the employer pay bonuses for "no lost time" to employees, many things factor into the analysis.