Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I reported chest pains while at work to the Lead and supervisor and no emergency assistance was provided even though management was aware of the fact that I have a cardiac history. I had a major heart attack and unable to return to work for 2 years now. This will cause me to take early retirement.... View More 
answered on Dec 12, 2019
I'm sorry for your troubles and the way you were treated.
To answer your question I do not believe there is anything you can do at this point because the employer has immunity, unless you dies as a result of "gross negligence". Failure to render assistance could rise to... View More
The DWC-73 document doesn't have my signature to it but it was turned in as if I was medically examined?
answered on Nov 12, 2019
Most DWC 73s are turned in without the patient's signature. I would agree you should be physically examined in most cases. I would ask you to speak to your doctor. Workers' comp does have a formal process to file complaints that is on-line. It's called the division of compliance and... View More
As of 6/18/2018 I have not had one Dr from 3 different clinics explain to me about my 40+ work injuries and current.
Prior to work injury I was being treated for Colonoscopy with out any problem. After work injuries, the Dr's have deliberately failed to properly diagnose my injuries... View More
answered on Nov 11, 2019
I'm sorry for your ordeal here, both in terms of your catastrophic injury and the treatment-related issues that followed. Your question has not been picked up for four weeks. You don't need anyone to tell you that you should speak with a workers' comp attorney on these issues; you... View More
The injury happened at work and was being looked at by a Doctor through worker's comp and then he discharged me saying there was nothing else he can do for me so now I got a worker's comp lawyer and went to another Doctor only to be ridiculed by him saying that I was over weight and that... View More
answered on Nov 4, 2019
If your medical provider has you off work the insurance carrier has 7 days to pay or dispute. It has 15 days to investigate to determine if you have a compensable injury.
The law provides as follows: An IC is liable for accrued benefits if it fails to dispute compensability of the injury... View More
At the two year mark workman’s comp has stop paying per Texas law is what they said I filed for ssi an disability benefits I’m still unable to work an also untreated for my injuries I guess my question is how or why is that company not liable
It took them 8 months to send my first... View More
answered on Oct 23, 2019
Workers' Compensation is an insurance plan. The employer pays an insurance company to insure its employees in case of injury. In exchange for purchasing this wc policy, the law states that employees can't sue their employer if the employer (or its employees) negligently injure another... View More
I got dehydrated while working in a slicker suit and my back was cramping up and then my back started to hurt and then the workers comp doctor said i needed to work so i can work those muscles aand my back was hurting even more and then was discharged by the doctor and that same day was laid off
answered on Oct 10, 2019
First and foremost you must file a claim if you have not. An IE only has 30 days after the date of injury to report the injury to the employer. If you do not report w/i 30 days you must establish "good cause" for failure. Seeing the company doctor implies that you did report the injury.... View More
I will not be able to work for 4-6 weeks. Workers comp has been paying for my medical expenses but now that I will be out of work, am I eligible to receive income from workers comp? I spoke to my adjuster and they said no because I no longer work for the same employer. My new job is in the same... View More
answered on Oct 1, 2019
If you had private insurance, you would have to get the surgery under your new insurance. If you had a claim through the Texas Department of Insurance, Division of Workers' Compensation, you can still receive medical treatment and disability no matter where you work. I would advise you to... View More
They have been covering all medical bills but shouldn't he be getting at least partial income?
answered on Sep 20, 2019
It depends on whether he "elected" to take PTO rather than receive income benefits. Regardless he should be entitled to receive impairment income benefits. PTO does not replace that because that is for injuries to his body. If his PTO has been exhausted.
answered on Sep 19, 2019
Yes, you have "lifetime" medical as long as it is related to your compensable injury. If the carrier disputes that it is related you may have to ask for help from DWC or a lawyer to prove the cause.
I work for a veterinarian and I got bit at work by a dog. The WC doctor said my thumb is fractured so on my third visit he said I was able to use it. Now I have a lot of pain and a not where my thumb meets my hand he said its arthritis now. I didn't have this issue before its painful to turn... View More
answered on Sep 12, 2019
If the arthritis is due to the dog bite, then this would be workers' comp provided your employer carries workers' comp coverage for its employees. Most Carriers have networks in place which means you have to choose a network doctor. I would advise you to contact an work comp attorney to... View More
My first job is a school bus driving, the second job is a desk job. I tore my meniscus on my left leg.
answered on Sep 11, 2019
Of course, but perhaps not in the way you may believe. If you are taken off work from both jobs the carrier must base your income benefits on your total earnings from both jobs. [Total wages (and benefits if stopped while off work) for the past 13 weeks divided by 13 to arrive at your average... View More
answered on Aug 22, 2019
Yes, I believe so. While a lawyer c/n be paid directly by an injured worker (IW), I do not recall any prohibition on what you ask. However a medical provider is forbidden from sending bills to IWs but you ask about a consulting expert type of person.
answered on Aug 14, 2019
It depends on whether you have a "network doctor" that you were required to use as your doctor. Even so you have the right to request a change in treating doctor but be wise; do not change to obtain a different MMI/IR.
If it is not a network doctor you can request the DWC to... View More
e.g. if Someone makes false statements to an administrative agency of the United States in order to get out of a fine, will this qualify to be potentially prosecuted under the False Claims Act (31 U.S.C. 3729 et seq.) in addition to qualifying under other appropriate federal laws?
answered on Jul 29, 2019
I am sorry but this does not appear to be a wc type of question. Also most wc cases are governed under state law, not federal. However, according to the state wc laws a person can be prosecuted for fraud if they knowingly lie to obtain benefits. I'm not sure if that answers your question but I... View More
I got injured on job couple months ago Had to have a couple surgery. Still haven’t got released to attend work So I take my daughter go get dental exam they drop from insurance is this legal if so why
answered on Jul 25, 2019
I believe you are asking if your employer can stop paying for your private health insurance premiums when you are not at work due to a work related injury. If this is the question, I believe your employer can stop paying for your health insurance until you return to work. You can continue to make... View More
I already had 1 surgery and scheduled for 2nd to remove pin placed in hand case was only approved 5/16—8/3 Estimate of what case is worth
answered on Jul 13, 2019
Your MMI/IR should be after you have gotten as well as you will ever be from your injury. Typically it would be AFTER therapy, however that is not always the way medical providers determine it. I wish you the best of luck.
He fell at work that caused trauma to the head, a seizure and heart attack. When his meds ran out he tried getting them refilled and contacted WC and his doctors. He was going back and forth with both with no help. He went 13 days without his meds when he had a fatal heart attack. Who is negligent?
answered on Jul 8, 2019
Your question is simple but the answer is very complex. To establish the heart attack (HA) was related you have the burden of proof and must prove essentially what is a "but for" test. It is one of the most onerous burdens to prove; you must prove his job was a "substantial... View More
Back in November of 2019, I injured my knee stepping off of a bus at work, I started a workmans comp claim the following day. My first MRI showed a tear in my miniscus, and I was recommended physical therapy. I went for about 2 months, a few times a week. During the harder weeks of therapy, I had... View More
answered on Jul 1, 2019
If the Carrier is denying the tear to your knee and possible subsequent re-tear, my advice would be to contact a qualified workers' comp attorney. This matter will most likely need to go to the administrative hearing level to force the Carrier to accept your injury.
answered on Jun 26, 2019
If you didn't get the appeal from your decision and order filed on time, you would have a very difficult time filing in district court. Also, if you lost at the administrative level (CCH), there are almost no attorneys that would be willing to take your case in district court since we have no... View More
I want to change jobs, but I was told once you leave your job your treatment through workers comp/Sedgwick stops at the door.
answered on Jun 18, 2019
If your claim is through the Texas Department of Insurance, Division of workers' compensation, you can change jobs without effecting your workers' comp. Your claim is with the Insurance Carrier and not the employer. However, before you change jobs you want to make certain that you... View More
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