Get free answers to your Workers' Compensation legal questions from lawyers in your area.
answered on Mar 7, 2017
I have never seen a problem with getting an open MRI when someone feels uncomfortable. You might try switching to a different MRI facility if they can't do it. You can contact your wc adjuster to discuss it.
I broke my hip on the job a year ago, and my surgeon is now recommending a follow up surgery to remove my surgical hardware and remove a bone spur that is likely to cause further damage if left alone. He estimates a six week recovery period after the surgery. Is my Texas workers comp provider... View More
answered on Mar 4, 2017
If you have already received your impairment rating and it has been over ninety days since you received it, then you would not be entitled to additional temporary income benefits. There are exceptions to the 90 day rule, but I don't think the facts of your case would qualify. However, you... View More
I had a second doctors appointment on company time and had to use my PTO in order not to get pointed (we work on a point system at work) for being late.
answered on Mar 3, 2017
Travel in the form of milage request can be submitted for payment to Designated Doctor exams and RME exams. Your time would be calculated through your temporary income beneits. But basically, the answer would be No. For more detailed information, your advised to consult with a workers'... View More
Person on medicare had a workers comp claim and all was resolved 3 years ago. Treatment as a result of current injury to another part of body is being denied by medicare and even denied on appeal. What is needed to prove to medicare this is not a workers comp issue?
answered on Mar 2, 2017
Have the medical provider submit the treatment through workers' compensation utilization review department for the workers' compensation carrier. The utilization departement will approve and/or deny based upon reasonable and necessary. If it is approved then see if the workers'... View More
answered on Feb 24, 2017
You don't. You can call the DWC to see if a claim has been filed. But it's your responsibility to take affirmative steps to make sure the claim is established. Don't sit back and play the victim. You need to determine who the workers' compensation carrier is, and also file your... View More
Husband hurt himself at work and it was his fault. Afraid of losing his job, he didn't report it and thought he'd just see "how it felt the next day" because he didn't think it was that bad. His immediate supervisor knew he was hurt, just not the details. The next day,... View More
answered on Feb 24, 2017
The first thing you need to know is what type of policy your husband's employer has. Is it a policy of workers compensation through the Texas Department of Insurance (subscriber) or an self insured, self administered by the company, occupational injury plan. If it's an occupational injury... View More
answered on Feb 24, 2017
Your checks will be sent on a weekly basis. Make sure your adjuster is kept up to date on your work status. It's your responsibility to get work restriction documentation to the adjuster.
I was just denied surgery this month that's when the nurse case manager called me to tell me to retire or request going back to work from The Specialist this is a back injury
answered on Feb 23, 2017
That seems a bit fishy to me that the NCM would give you advice to retire? If you have no lawyer assisting you you should call DWC and ask for an ombudsman to be assigned to you case. You need to ask for reconsideration on the denial of surgery (w/i the time limits imposed) and if denied again ask... View More
The wages have stopped with out notice. We spoke to the insurance adjuster handling the claim and she stated she would check with the employeer for the status or reason of the missing wages. Due to not receiving these wages my mother was not able to purchase her prescriptions that she needs to... View More
answered on Feb 23, 2017
You will probably need to speak to a lawyer to get your answer because there is just not enough information to answer your question. Most workers' compensation lawyers will speak to you for free over the phone. The answer will depend on whether your mother's claim is under workers'... View More
I was hit as a pedestrian by a pickup truck in the garage and injured. My supervisor days later filed a Workers Comp claim. Now our worker's comp insurer keeps calling me to complete paperwork. This is clearly a personal injury case and I've already retained a personal injury attorney... View More
answered on Feb 16, 2017
The general rule is that "course and scope" of employment does not coming to or leaving work. However, as with all laws, ther are exceptions. Your case may very well be covered by the "access doctrine". You will be covered as soon as you arrive at work even if you are not on... View More
answered on Feb 15, 2017
It depends on the attorney. Some attorneys focus on multiple areas of the law, while others only focus on one or two. Good Luck.
My old employer gave false dates and put that I was injured and had hired an attorney for my injury. They made it sound as if I was a risk to hire because I had hired an attorney when I was hurt on the job with my old employer. The new company I applied at denied me employment due to this reporting... View More
answered on Feb 15, 2017
You may want to look at the settlement agreement you entered into with your old employer over the work related injury. It may include a "mutual non-disparagement" or require the old employer to give you a neutral employment reference.
I only had 3 days of leave before i got injured which was no fault of my own. I was told I had to use my leave days b4 WC paid any benefits for me missing work. Now once I able to return to work if myself or my child gets ill and I have to take off. I will be docked for a day off work bc my leave... View More
answered on Feb 15, 2017
You don't have to use the P days but they dont have to pay you for the first 5 days you are out. These are work/business days, days when you would be on shift.
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Boss just told me to take home all the material and I had two days to get it done getting to work a board tugged pulling my hand into the table saw cuting my thumb off and just a surface cut here and there
answered on Feb 15, 2017
Yes and you may have a case with the manufacturer of the saw. Contact a member of the Texas Trial Lawyers Association who handles "product liability" cases as well as workers compensation. They give free consults.
I had an mri and discography prior to my surgery on my l5/s1. Mri showed no issues with l4/l5. Discography showed very minor ddd but no other issues.
Stormy night at work, power went out and I tripped over small heater. Did not fall. Then on way out side the door blew open and I reached... View More
answered on Feb 12, 2017
Surgery can be very expensive so you can expect a fight from the insurance carrier. You need to either hire a lawyer to help with your claim or ask DWC to appoint an ombudsman to assist you. Good luck.
I only had 3 days of leave before i got injured which was no fault of my own. I was told I had to use my leave days b4 WC paid any benefits for me missing work. Now once I able to return to work if myself or my child gets ill and I have to take off. I will be docked for a day off work bc my leave... View More
answered on Feb 10, 2017
I am having a great deal of difficulty understanding your question. Are you asking if the employer can tell you to use your personal leave days after you were injured at work? Whether that would be proper depends on who your employer is. Governmental entities give employees a choice of taking... View More
I left company in 2014, they switched to network in 2017. Do I have to switch to network doc (Concentra or CareNow are my options)?
answered on Feb 6, 2017
I'm not 100% on this answer, but I believe you will need to switch to the network doctor. You can have the Carrier send you the website to search out which doctors are in network. You might try calling the Division of Workers Compensation in Austin to speak to someone that deals with the... View More
I have been getting weekly benefits since 3/22/16 do to a back injury. My surgery was on 3/22/16. I have since filed a complaint with the insurance board against the insurance adjuster (Oct 2016) due to her bullying me over my care. My checks have been coming later and later in the week since... View More
answered on Feb 3, 2017
I can guess who the IC is. I am sorry for your difficulty. No they do not have to notify you before they just stop benefits. In fact if you are certified as being at MMI and the %$#^ medical provider back dates your MMI date the IC could even say you have been overpaid. For instance, assume the... View More
I also have a floating cartilage the ER found after ambulance had to come. This was after seeing company dr. They have tried to send me back to work twice in less than two weeks. I'm in Baytown Texas and I don't know what to do. Still haven't heard from workman's comp either
answered on Feb 2, 2017
Unfortunately your employer is probably in a "network"? A network is an entity of medical providers that is approved by the IC and employer. You have your choice of medical provider as long as you choose one of the doctors they have said you can choose. (What a deal!) If your employer... View More
I had a ACL tear
answered on Feb 2, 2017
I'm not clear as to what you are asking. Was there a CCH and you lost or are you asking how to appeal a preauthorization request. If you want to appeal a preauth you must ask for reconsideration within the time limits. If you just want to fight the IC's denial of medical benefits for the... View More
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