Get free answers to your Workers' Compensation legal questions from lawyers in your area.
There were 4 witnesses to the accident, and 3 separate doctors, including a state designated doctor, stated my injury happened at work. The Designated Doctor used ICD10 codes. The original doctor used ICD9. The ALJ stated in his ruling that he didnt know why the doctor changed diagnosis codes and... View More 
answered on Mar 1, 2022
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
During the past year, I have been asked to perform multiple duties that higher-level employees perform. I have asked for a promotion and was denied. According to my new manager, I don't do enough to be a team player that deserves a promotion. I have been performing all the extra duties I have... View More
answered on Feb 16, 2022
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
I got ran over by a garbage truck and the person drug test came back positive for cocaine the same day and he got fired. Would that fall into intentional tort because he knew what he was doing was wrong and he could injury someone while driving high, especially a commercial vehicle?
answered on Feb 8, 2022
Filing a lawsuit to recover damages is not a matter of criminal law.
My landlord basically said If I hire someone to work on my house then he will not pay for the labor but he didn't say if I worked on the house that I couldn't charge him for labor
answered on Jan 13, 2022
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.
I have asthma and we were never told the truth about the mold. A few years ago we had a sewer problem, and another employee took pictures of the mold. I feel we should have been informed as this can affect people’s health.
answered on Nov 8, 2021
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.
I have had neck and back surgery and he said why don't you go back to work doing what you did previously nad what I did was construction most companies won't hire me for customer service when I worked construction for 90%of my life and I can't receive disability or unemployment or... View More
answered on Nov 5, 2021
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
Sent me back to work no restrictions. I tried but am in a large amount of pain what can I do???
answered on Oct 27, 2021
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.
answered on Aug 5, 2021
You need to speak to your employer immediately. If you were a contractor working under a general contractor you need to contact the general contractor. The purpose of this notice is to see if your employer or supervising contractor have worker's compensation insurance.
No 911 never was called and I was not seen my boss told me not to tell nobody but I have to because my vision is not right I know it's not and I'm just afraid to get anybody in trouble but this is not right what do I do
answered on Aug 4, 2021
First you need to talk to a member of the Texas Trial Lawyers Assn in your county who handles workers compensation. They work only for workers, and give free consultations.
You need to get medical attention as soon as possible. Start by seeing your family doctor. Be sure to jot down the... View More
What can I do? I got ran over by a garbage truck December-11-2020. Stayed overnight at the hospital. The E.R. Doctors sent me home the next day. Workers compensation doctors had me do therapy and they let my foot healed improperly. I was forced to walk on my foot for months with it like that until... View More
answered on Jul 9, 2021
A Texas attorney could advise best, but your question remains open for three weeks. The doctors who sent you home might argue that their decision was a sound one based on findings of a physical examination, x-rays, CTs, or other medical evidence available at the time they formulated their... View More
Ok so my attorney said he wants me to list off all my back issues with like l1 l2 l3 l4 l5 c2 c3 c4 and t1 t2 t3 t4 t5 n neck and my torn shoulders he said you have tooth pain that's your new fav word look at a nerve diagram and follow these nerves n be like cause l5 is messed up on pauper... View More
answered on May 29, 2021
A Texas attorney could advise best, but your post remains open for two weeks. Regardless of what state you're in, it sounds like you have an attorney representing and advising you. So that must be respected. But as a general note, it sounds like you are going to an IME (independent medical... View More
My brother in law works for a landscaping company. His boss forced him to go up in a tree near a power line in strong wind and he got electrocuted and fell 14 feet. Before going up, he showed his boss what was happening and made sure the hazards were known because they don't have any... View More
answered on Apr 29, 2021
Yes, the employee has a claim against his boss, assuming his boss is not a subscriber to worker’s compensation insurance. The person should contact a Board Certified Personal Injury Attorney as soon as possible for a free consultation.
And there is something wrong with my legs and my knees
answered on Apr 26, 2021
Walmart does not carry traditional workers' comp through the Texas Dept of Insurance. They hand pick the doctors you will have to see. As a result, the doctors will usually tell you your injury is an age related issue. If you were injured as a result of negligence on the part of Walmart, then... View More
Walmart claim denied for my injury from work on paper dept. they did not find any evidence of my injury so I want to sue them
answered on Mar 24, 2021
This does not sound like an employment law-related matter. You should contact an attorney in your area who practices workers' compensation law to discuss your options.
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answered on Feb 5, 2021
You should consult with a local workers comp attorney. Most will offer a free consultation regarding your options moving forward.
on the finalization. I have a very good case I know we would have this. My second W.C. adjusters own doctor appointment is this Thursday. The lawyers emailed me today with some very bogus untrue reasons that they are not taking this farther because we wont win the case in court. I'm not... View More
answered on Feb 2, 2021
I am sorry to hear about what happened with your lawyer. While I don’t know enough about your situation to give you any advice here, I can advise you to seek new representation as soon as possible. In Texas, personal injury lawsuits must be filed no later than two years after the event. The... View More
MMI sent to company doctor not my treating doctor company doctor accept MMI refused and was refused to go to primary doctor until 90 days up and primary doctor said not at MMI what will happen
answered on Nov 17, 2020
Thanks for your question. I have some difficulty understanding precisely what you are asking. So with that having been said I will answer as best I can. It looks as if neither doctor said you are at MMI? If that is correct then you will stay on TIBs until you reach MMI as certified by qualified... View More
At this point in time, I am currently working a modified duty assignment with the organization I work for?... so, I am guessing that with this study I will be closer to MMI, however, I do not feel that I am anywhere near 100% to do my job safely and efficiently. Any help is greatly appreciated!
answered on Nov 17, 2020
Thanks for your question. If you simply use your own medical provider for the FCE, you may have to pay for it yourself. You are correct that the IC is preparing to send you off to MMI land. They are in the business of collecting premiums, not paying claims so I would not be trusting everything from... View More
answered on Nov 17, 2020
First, thanks for your question. The answer I must say, it depends. (I hate that answer but I will explain). If your case is being disputed, b/c the carrier is claiming surgery is not necessary b/c it's not related to a "compensable injury" it could be a while. Maybe 6 months, I know... View More
I tried to get partial unemployment but she gave me just enough hours to where I cannot receive benefits, is this right?
answered on Nov 11, 2020
Some states have laws that protect employees from retaliation after filing a worker's compensation claim. If you filed for it, and your boss reduced your hours in retaliation for it, you may have a claim. It depends on Texas state law. I would reach out to an employment law attorney in Texas... View More
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