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Texas Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Texas on
Q: Do I get a lump sum for whatever impairment rating I get or do the insurance company pay it out weekly?

I went to get my impairment rating a couple of days ago

Roy Lee Warren
Roy Lee Warren
answered on Aug 21, 2017

If you have returned to work for at least 90 days you can ask for IIBs to be paid in a lump sum but you give up rights to ever receive SIBs for that injury so I recommend against it.

1 Answer | Asked in Workers' Compensation for Texas on
Q: Is an employee suppose to pay for workers compensation Benefits if employee is not injured?

On the pay stub it says workers compensation at 7% and $43 was deducted, and I have had no injury for the past 3 years. It is not only my pay check that happened too, but other employees. We know it is not the insurance Blue Cross Blue Shield, because even that is deducted, so what is the reason... View More

Roy Lee Warren
Roy Lee Warren
answered on Aug 21, 2017

It is illegal for employers to pass the cost of wc on to employees. Contact DWC in Austin and ask to speak with Compliance and Practice. Good luck to you.

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: Is it illegal to tell worker ro wait for day off to seek medical attention and tell worker they can't file workers comp

They can't file the claim because it will take from his bonus. The injury happened at work , during buisness hours.

Roy Lee Warren
Roy Lee Warren
answered on Aug 16, 2017

Telling workers not to report an injury is a "No, No"! Once your employer know of the injury it is its duty to report the injury to the carrier and file the paperwork, even if the employee begs it not to report the injury if it is a lost time injury. Protect yourself by giving written... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: I was injured at work while assisting pt to get off from the MRI table. My both shoulders and my lower back was injured.

Dr advised me to have physical therapy, which made my symptoms worse. He wanted me to take off from work and I kept on telling him that I can not afford to live on what w/c will pay me. In short, I have not taken a day off from work. I can not go under surgery becaue of blood thinners I am... View More

Roy Lee Warren
Roy Lee Warren
answered on Aug 16, 2017

It looks as if you may have an occupational disease type of injury? With that type of injury your benefits could last longer because your date of injury is the day you know your condition is work related and you have sought medical care.

With a specific injury (certain time place and...
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1 Answer | Asked in Workers' Compensation for Texas on
Q: I was injured at work and told my boss told me to file it on my ins and he would pay it now and the story changed

He said take it to worker comp I'm stuck with the bills and said he never told me to file on my ins but I have no reason to lie 4 years of labor for them it made the mad when I told them I got another job. It's was a strain muscle but it happen on the company job ?

Roy Lee Warren
Roy Lee Warren
answered on Aug 15, 2017

I am not sure what your question is but I will try to give you some useful information. After an injury on the job and you report it to your employer it has a duty to report the injury to the insurance carrier. Even if you plead with the employer not to report the injury it must still report it, or... View More

2 Answers | Asked in Workers' Compensation for Texas on
Q: Can I change treating doctors twice? I'm not happy with my treating doctor. The first one was through work.

When I got hurt my job sent me to care now went there for 8 months I couldn't get anything approve. I changed to the new doctor, he don't even examine me just shakes my hand. My knee is in horrible shape and he said he is done with restrictions. But I made he give me something but they... View More

S. Michael Graham
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S. Michael Graham
answered on Jul 20, 2017

You have the right to change TD only one time under the facts presented. You can get an additional change if you get your doctor to state he is unwilling to offer you additional treatment. Otherwise you will have to fall within a specific exception which is quite difficult. You should contact a... View More

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2 Answers | Asked in Workers' Compensation for Texas on
Q: What happens if you're fired after 10 months of worker's comp benefits(med & $) for misconduct?

My husband was injured on the job back in 10/2016 and is currently receiving medical treatment and partial income supplement (he was recently released to work light duty with over time and they reduced his payments). Yesterday he had a random drug and alcohol screening. He violated company policy... View More

Roy Lee Warren
Roy Lee Warren
answered on Jul 17, 2017

Because he was terminated for cause he will lose entitlement to TIBs unless something changes with respect to his disability. If he is being paid IIBs (probably not b/c you mentioned his benefits were reduced bc he was earning wages) he should continue receiving those benefits b/c they are payments... View More

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1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Hello. My brother has worked for 18 yrs as a welder for a local company.

About a month ago he was admitted to the hospital and placed on a ventilator for 4 days. He's seeing a pulmonary Dr now who has diagnosed him with COPD. The Dr stated that his lung capacity is very bad. My brother has never smoked, is on oxygen and inhalers now. The type of material he welds... View More

Roy Lee Warren
Roy Lee Warren
answered on Jul 17, 2017

from your description I would say it certainly seems so. He must give notice of his injury (occupational disease) w/i 30 days of the time he knew or should have known. Such injuries are almost always disputed for untimely notice but the date of injury has most often been determined to be the date... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: Do I have the right to a second doctors option for my injury if I feel like he didn't diagnose me right

I think he is trying to get me to go to work too early

Roy Lee Warren
Roy Lee Warren
answered on Jul 17, 2017

Yes, but you may have to ask for a designated doctor (DD) to be appointed by DWC. You can request a DD to be appointed to determine the extent of your injury.

1 Answer | Asked in Workers' Compensation and Car Accidents for Texas on
Q: Does workman's comp also pay for the time your at a doctor's appointment during hours you are to be working?
Peter N. Munsing
Peter N. Munsing
answered on Jul 12, 2017

Generally no, but if it's their doctor they chose you have an argument to make.Consult a member of the Texas Trial Lawyers who handles comp--they give free consults.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: My husband had a fall from a scaffold at work in January 2017. They called the ER and demanded no time off.

We went to their dr. and he commanded us back to work on day 2. My husband took personal time( 3 days) and a weeks vacation because he could not hardly sit up. He returned after that but was doing so bad. He took 2 more weeks off and continued to decline. He started a bad cough. He was placed in... View More

David Alan Wolf
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David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2017

It appears that you have been getting the run around from the worker's compensation adjuster and company. You should hire a worker's compensation attorney to handle this matter. There are many twists, turns, and challenges to a worker's compensation case. An experienced attorney... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: Can the same Designated Dr examine an injured worker more than once in 12 months?

I had an MMI exam in Feb. in the first i was not found to be at MMI

The same doctor re examined me in July .

I have read on the States website that he cannot do so but once a year

What is correct.

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

The DD can examine you and the same DD is supposed to be appointed for each exam. I will post a snippet of Rule 127 as follows:

c) If a party submits a request for a designated doctor examination under subsection (b) of this section that would require the division to schedule an examination...
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1 Answer | Asked in Workers' Compensation for Texas on
Q: Do I still receive WC (payments for docs, etc regarding my injury) if I resign from my job and work elsewhere?
Roy Lee Warren
Roy Lee Warren
answered on Jun 25, 2017

Yes for medical benefits and also for IIBs if you qualify for those by getting assigned an IR. Good luck.

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: Im on workmancomp i do get benefits but if i get another job because of financial reasons will they cut off my benefits
Roy Lee Warren
Roy Lee Warren
answered on Jun 25, 2017

If you are getting wc disability that could stop, but not your medical benefits. You are supposed to have that for life if related to the injury.

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: What does this mean ?

Issue Mail Date Ruling

Quit-Hiring Agreement Changed Apr 11, 2017 We can pay you unemployment benefits, if you meet all other requirements, such as being able, available and actively searching for work.

Appeal Decision(s)

Appeal Number: 2154577-1

Appeal Level:... View More

Roy Lee Warren
Roy Lee Warren
answered on Jun 25, 2017

It would appear that TWC has reversed a decision saying you were not entitled to unemployment benefits to now say you ARE entitled to benefits if you otherwise qualify bc the evidence does not prove you lost employment due to your fault fired for cause or quit.

1 Answer | Asked in Workers' Compensation for Texas on
Q: What is the time limit for a workers comp insurance company to file the first denial of a work injury claim ??

For Texas

Roy Lee Warren
Roy Lee Warren
answered on Jun 25, 2017

The IC is required to file a first report of injury (DWC-21, a denial or DWC-1) in the first week if there is lost time from the injury.

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: My employer accused me of stealing time?

Hello, My manager accused me of stealing time from the job but it was actually an error on their part. I reported it to HR and they spoke to him and then he sent me a 3 paragraph email later that night. I reported to hr as it was retaliation and all she did was removed me and sent me to another... View More

Roy Lee Warren
Roy Lee Warren
answered on Jun 25, 2017

As you may be aware Texsa is an "at will" employment state so you can be fired for any reason or no reason unless you have an employment contract. What you describe could result in problems for you down the line so you want to make sure it is resolved. I suggest you contact the Texas... View More

1 Answer | Asked in Car Accidents and Workers' Compensation for Texas on
Q: ON THE JOB INJURY

My son drives for a medical company. He was involved in an auto accident. A women ran into his truck while he was working. He was sore for 2 days. His company reported it as an auto accident, instead of workmans,comp. The company insurance kept harrassing my son for details then told him they were... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 24, 2017

Which company comp or something else? If he was hurt he needs to contact a member of the Texas Trial Lawyers who handles workers compensation and car wrecks. They give free consults.

1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Injured in MS, I'm now getting workers comp payments. Insurance company is in LA. Can I use a lawyer in another state?
Peter N. Munsing
Peter N. Munsing
answered on Jun 24, 2017

Question is where is your employer out of? If your workplace and employer are out of Miss, doesn't matter where the insurance company is. Use a lawyer for the state that is appropriate for the state of your employer's if that is where you were hired from. Suggest you start by contacting a... View More

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