You may have established the basic facts for a claim for negligence (failure to properly warn) against the land owner and/or builder of the premises. Lawyers refer to this as a third party claim since you also have a claim for workers' compensation.

Yes. That's true. Contact OIEC 1-866-393-6432 or an attorney of your choice to verify. You must have worked for 3 months earning 80% of pay.

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answered on Sep 29, 2023

Generally, a doctor has a professional responsibility to only release you to go back to work when it's medically appropriate. If you disagree with your doctor's assessment, you may seek a second opinion.

My law office doesn't handle ERISA claims. If your claim does not involve negligence on behalf of the employer or other third party, it is almost impossible to obtain legal representation. For this reason, the Carrier's offer little to no support. I like to refer to it as fake... View More

If the benefits are TIBs, you should receive them promptly but they will be subject to clawback if the carrier wins your appeal from any future IIBs.

If the report was not timely exchanged before the hearing, you could have objected to the admission of this exhibit. It's not dirty pool in my opinion. The lawyer probably just got the report. His duty to his client is to try to get it into the trial. It's your job to object to the... View More

Probably not.

It isn’t unlawful employment discrimination. Unless you have a contract that limits the reasons your employer may terminate you which doesn’t encompass falling asleep during your workday, you don’t have any legal recourse under the facts presented.

Your employer has no say over what care your doctor provides or prescribes for you.

Your employer’s workers compensation carrier will disregard its wishes in this regard

It is difficult to understand your question, but if you have been discriminated against in some way you may have a claim. I would need to learn more.

It is very difficult to prove a total keen replacement is due to your work related injury. You will need an expert medical opinion to state all the conditions for which you need the total knee replacement are a result of the work injury within a reasonable medical probability. If you prove this,... View More

A Texas attorney could advise best, but your question remains open for two weeks. At this point, you could reach out to workers' comp attorneys to discuss your matter, since your injury took place in the course of employment. An experienced attorney should be able to outline any other causes... View More

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answered on Aug 19, 2022

It is ultimately your decision whether to return to work and what is best for your health. Workers comp may decide not to pay you for the days you missed since their doctor has released you to work. You could also contact the work comp doctor and ask them to reconsider your work status based on the... View More

If you have a claim filed through the Texas Department of Insurance, Division of Workers' Compensation, you have the right to challenge the wages your employer has listed at an administrative hearing. The easiest way is for you to get copies of your paycheck stubs to document your actual wages... View More

You may be able to win your case in district court. The problem is that it is very time consuming and expensive to go into district court. For example, to have a doctor testify on your behalf or to even take the doctor's deposition, you are looking at about 5K. The lawyers fees in district... View More

There is no limit to the number of job duties or responsibilities your employer can assign you. If you are paid by the hour, however, you must receive pay for all the hours you work, and you must receive overtime pay (1.5 times your hourly rate) for all hours worked over 40 per week. If you are... View More

Filing a lawsuit to recover damages is not a matter of criminal law.

No. You would need a contract. Otherwise it would be deemed a gift. Contracts involving real estate need to be in writing. This would be a contract for services so I not too sure. Always better to have something in writing. Good Luck.

Your employer should have advised all employees if there was exposure to a toxic amount of mold. Whether or not this amounts to a valid workers compensation claim would depend on particular state law and usually there is a requirement that the exposed individual be injured by the exposure.

A Texas attorney could advise best, but your post remains open for four weeks. And this is not a question suited for a brief textbox response here. Not to evade your question - but this is a very important decision that you should discuss with your attorney. Your attorney has all your file... View More

You should ask for a second opinion by a different medical provider. Then, you should provide that paperwork, including any restrictions you are given, to your employer.