Get free answers to your Workers' Compensation legal questions from lawyers in your area.
Left thumb with it getting stuck with repetitive movements from work for the past yr and I did start seeing doctors for pain off and on and now was diagnosed with tenosynovitis and peritendinitis in the flexor pollicis longus. I did inform of paid serveral times. And, now I was laid off, was told... View More 
answered on Jun 23, 2017
Absolutely. The insurance carrier (IC) will dispute your claim saying, 1st you did not give timely notice, and second there is no causal relationship between your condition and your job. Do not be discouraged when it is disputed. Hire a skilled lawyer that knows how to handle such cases.... View More
answered on Jun 22, 2017
You have the legal right to seek reasonable and necessary medical treatment for your work related injuries. You should return to your treating doctor. If there is a new network, you may have to change to an in-network doctor. Check with your adjuster to find out who your treating doctor is on the... View More
Texas claimant (Texas resident, Texas employer), treated in Alabama for injury.
answered on Jun 20, 2017
If the claim is a Texas Claim, I believe the answer would be yes.
Help...I went to a CCH hearing recently and the hearing officer is denying my herniated disc diagnosis ( 5 Dr's including 2 specialists, my primary, the designated Dr and an outside Dr) all agree that my c5/c6 disc herniation occurred at work. I was an assistant preschool teacher and lifting... View More
answered on Jun 14, 2017
I am sorry for your situation. Because you had a CCH you must appeal the decision wi the time allowed or you will forever lose your rights. I believe you have 15 working days from the date on the first page of the Decision and Order. Look on this site or on AVVO to see if you can find a good WC... View More
No impairment rating, no MMI that I am aware. I believe adjuster strung out claim to exceed important dates, any recourse?
answered on Jun 13, 2017
Surely, there is no time limit on getting MMI/IR so you can call the Division of WC and ask to have a DD appointed to perform the certifying exam to get that assigned. Good luck to you.
answered on Jun 13, 2017
Absolutely, if you have a wc injury that causes disability (lost wages). The IC does not have to pay the first 7 days unless you miss 28 days, then it must go pay to pay the first week. Hope this helps.
My employer (who uses Liberty Mutual for coverage) is saying that chronic and wear/tear injuries are denied by liberty mutual automatically and that you have to go on disability. Are you able to acquire benefits for an injury that was sustained over time and on the job?
answered on Jun 13, 2017
Yes such injuries can be covered as an occupational disease type of injury. They are sometimes more difficult to prove but with the right medical providers and a little help you can win such cases. Notice w/i 30 days and proof of cause are the two main issues you must overcome.
If you were to see a doctor before or after reporting an injury could it negatively impact you're case for benefits. Do the WC insurance companies even have access to your medical records?
answered on Jun 13, 2017
Sure you can see your own doctor, it is just that the IC does not have to pay for the doctor seen outside the network of doctors approved. For your claim to bve paid for you will still be subjected to seeing their doctor to get the proof you will need unless the IC accepts your claim.
I was searching for a new job found one they told me to place my two week in, which I did then come the day I start they run my driving record and tell me they can't cover me no job. Am I able to get legal compensation?
answered on May 12, 2017
Texas is an employment at will State. I don't feel you would have any legal recourse. You would need to consult with a labor and employment law attorney. Workers' comp deals with on the job injuries
company benefits Health, Vision, Dental, Short/Long Term Dis
answered on May 10, 2017
Most likely yes. Your employer has no obligation to continue paying for your private health insurance when you are not working. If there is a policy manual or something like that where they agreed to. But I doubt it. Ask for COBRA.
Urgent care PA diagnosed me with carpel tunnel syndrome, referred me to a hand surgeon. Since this would have been caused by work, I should get WC and the doctor won't see me till I arrange the WC. I've left three messages and HR won't call me back. I love my job, but it requires... View More
answered on May 9, 2017
There are seveal steps that you need to go through. Your employer has certian rights and responsabilities, but so do you. You need to file a DWC 41. You need to fill out an incident report with your employer. You need to find out who the workers' compensation carrier is for your employer if... View More
The injury was directly work related, the company does not carry workmans comp, I have taken a position with another company where I have health insurance, but I was terminated one week after giving a two week notice . In an effort to keep the company from financial trouble, I refused all... View More
answered on May 2, 2017
I hate when that happens. Your employer could be either a nonsubscriber or it could be a "self-insured". If it does not have wc at all it may have what is known as "a defined benefit plan" that is governed by ERISA, meaning if you did not waive your rights (you accepted the... View More
answered on May 2, 2017
The best answer is to refer you to the TDI, DWC website because your question is too broad. After wc, many things may change, you may be entitled to SS disability.
http://www.tdi.texas.gov/wc/idr/apdmanual.html
My question is do I go back to work for the same employer or do I find another job while the work comp is being appealed?
answered on May 2, 2017
Matters not. Whether you return to work is the important question, not who you return to work for. However, if you are released to restricted work your former employer may offer work within your restrictions which could stop your income benefits because they would argue your unemployment is because... View More
answered on May 2, 2017
Absolutely, but I would advise against it because you forever give up your rights to SIBs. If you can predict the future and you are absolutely sure you will never require or qualify for SIBs...Otherwise you are better off not. Besides I would be willing to bet something important the IC will... View More
answered on May 2, 2017
In the statutes, court decisions, Texas appeals panel decision, rules and regulations. The OIEC for the DWC has a small summary of the appeals panel decisons that may be helpful. However, it's not something you can just learn. Lawyers go to law school for 3 years after completing a 4 year... View More
Can I cash out of my payments for the rest of my life so I can start getting Social Security disability income
answered on May 2, 2017
You can in some situations, but it is usually not a good idea. If you do,you will loose your right to apply for and possibly receive supplemental income benefits. You definitely need to speak to a workers' comp attorney before you would agree to this type of arrangement. You also need to speak... View More
go back to work, my brother will hire me.What do I need to do?
answered on May 2, 2017
You can move out of state but it is more difficult to find and get treatment because they have to comply with Texas rules.
The doctor is stating that I will have to do PT on the knee to see if it alleviate the pain, and then will no longer be able to have Workmans Comp, but with those tears I won't be better with PT, i can't afford a Workmans Comp lawyer to help me, is there a pro bono lawyer that can handle this?
answered on May 2, 2017
You don't have to pay a workers' comp attorney directly. They only get paid out of your benefits if and only if you are entitled to income benefits. With that said, you can call the workers' comp office OIEC to get free assistance.
spine. I have been referred to a spine specialist but have not received an appointment yet. I have severe pain and am being pushed to return to light duty work which would involve auditing medical charts. I cannot walk more than about 500 yards with my walker before it is very painful, and I cannot... View More
answered on May 1, 2017
Your employer and the insurance carrier will go off of what your work restrictions are listed by your doctor. If your doctor says you can do sedentary work and you do not return to work, then your employer will likely fire you and you will not receive any off work benefits from the workers'... View More
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