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Texas Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Texas on
Q: How do I find out if my employer has workers compensation? Do they have to file a claim or not? The doctor they sent me

to did not put down everything I said was wrong. The last time I saw the doctor he said that he was going to release me back to full duty, I told him new things of pain, numbness, and other things down my arms. He said he didn't think it was from the fall, but then he said he could be wrong... View More

Roy Lee Warren
Roy Lee Warren
answered on Feb 8, 2019

You can call DWC in Austin or look your employer up online at the Texas Department of Insurance, Division of Workers' Compensation (DWC) to see if they are covered. The employer has the DUTY to report all lost time injuries to DWC and its carrier or it can be penalized for failure to do so. It... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: If your employers fires you while you are on workers comp in Texas . Does workers comp stop paying you wages ?
Roy Lee Warren
Roy Lee Warren
answered on Feb 8, 2019

Depends (I hate saying that) on whether you were terminated for cause or for a reason not your fault. If you are fired because you are no longer able to perform the functions of your job demands you may still be entitled to income benefits if you are not otherwise disqualified. A reason your... View More

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: If i'm off from 1 job for an injury, can i work second job with injury restrictions

Injured at 1 job, they don't carry workers comp insurance but are paying medical bills but won't let me work with my medical restrictions. I have a second job that i can work with my medical restrictions. Are there repercussions for working my second job either for me or my second employer?

Daniel John Christensen
Daniel John Christensen
answered on Jan 14, 2019

There is nothing legally keeping you from working your second job that can be done with restricted or limited duty. But, you should be extremely careful so that you do not aggravate your injury, which the defense will use to argue they should not have to be responsible for treatment after that... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: I work for Walmart was injured on the job the insurance company is giving run around do I need an attorney

Insurance company is stating that pre-existing condition contributed to the extent of my injury which is not true. Are putting me off from week to week and have also asked me if I have personal insurance was told by them that they have to make a determination on how to help me and what they can... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Jan 7, 2019

Unfortunately, in the great state of Texas. Unlike any other state in the United States, the legislator has determined that workers' comp insurance is optional. Walmart doesn't carry workers' compensation insurance. Essentially, this allows them to deny, dispute, and otherwise not... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: My workers comp case was denied do to wrong onset date..texas dept. of insurance said to refile under the right onset.

Now insurance company is denying due to previous dates are wrong.. what can I do ??

Roy Lee Warren
Roy Lee Warren
answered on Dec 20, 2018

You will need to request a BRC followed by a CCH so you can establish the date of injury (DOI). Assuming you have an occupational disease (such as repetitive type injuries) type of injury, the DOI is more difficult to establish. The DOI is seldom the date you first experienced symptoms of the... View More

2 Answers | Asked in Insurance Defense and Workers' Compensation for Texas on
Q: Are schedule injury benifits suspended from when i was arrested and incarcerated or when i was convicted ?

My conviction was overturn after 7 years. Can i get the $500. Schedule injury back pay ? Arizona workman comp.+

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Dec 10, 2018

When you start missing time from work, so it would normally be from the date of incarceration.

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1 Answer | Asked in Workers' Compensation for Texas on
Q: My finance was released from his doctor the 1st of June 2018. Workers Comp has not notified him of a settlement yet.

Does he need to get a lawyer or what is the procedure he needs to do?

This case is in South Carolina and he has moved to Texas.

Roy Lee Warren
Roy Lee Warren
answered on Dec 5, 2018

I am sorry to say you will need to ask this question in the forum located in the State where his case is pending because wc cases are specific to the state. I hope the laws in SC are more favorable than they are here for injured workers.

2 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for Texas on
Q: Can employer force you to file a workers comp claim for an injury that occurred outside of work, not in the work place?

Only one day of work was missed, and the employee was fine to return to work the next day. The injury was unrelated to the job, happened outside of work; and the employee doesn't need workers compensation, just a day to rest at home and take some medication. Can the employee refuse the... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Nov 29, 2018

There is no reason to file a workers' comp claim if the incident was not work related. Work related injuries can occur off the premises if the incident occurred while you were in the course and scope of employment.

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1 Answer | Asked in Workers' Compensation for Texas on
Q: my case got close. didn't get proper treatment. can I reopen my workercomp case

I'm still in a lot of pain I just got six weeks of therapy that was only approved than they send me to MMI was asked several questions and then they gave me a paper to sign that my case was getting closed. They send me back to work

Roy Lee Warren
Roy Lee Warren
answered on Nov 28, 2018

You need to be careful so your time to dispute does not expire. Typically you have 90 days from the first "verified" notice of the MMI to dispute a MMI/IR that you disagree with. But even if it is past 90 days there are circumstances where you can still dispute. Most wc lawyers will... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: I need a lawyer that will take my workers comp case. I was hit on right hand back side and have 2 fractured vertebrae
S. Michael Graham
PREMIUM
S. Michael Graham
answered on Nov 25, 2018

My office is currently closed but will be opened back up on Monday 11/26/18. I will be able to discuss your case with you over the phone at 10:00 am -- 4:00 pm.

I do not charge for the first phone call. My number is 214-358-6060.

1 Answer | Asked in Medical Malpractice, Personal Injury, Social Security and Workers' Compensation for Texas on
Q: My husband and I are looking for a attorney that handles workers comp disability cases. Also someone who handles medical

We have several issue with workman comp/disability. If we could speak with someone about it because it's too long to explain the case,. We have all the paperwork from his case. After 3 years fighting we won his case. We had a lawyer that only took his money did nothing for us we fired him an... View More

Daniel John Christensen
Daniel John Christensen
answered on Nov 21, 2018

Hello!

If you are still needing assistance please call (512) 220-1800 and we would be more than happy to help you out!

I hope to hear from you soon!

1 Answer | Asked in Workers' Compensation for Texas on
Q: I got injured in may underwent surgery in september tried getting perscription filled last tuesday and denied

have never had a attorney

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Nov 21, 2018

There are many reasons that your prescription may be denied. It might be a narcotic drug which requires a slightly different process to get approved. It could be that the prescription was just lost in the shuffle. You might consider getting a workers' compensation attorney. The attorney will... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: Injured my lower back on the job, went to Dr was sent for MRI.

MRI showed several bulging disc,on several levels, it also showed severe central canal stenosis, the workers Comp insurance denied my claim saying everything on the MRI was pre existing?

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Nov 21, 2018

Hello:

I'm Michael Graham. I'm sorry to hear you are having a hard time with your workers' compensation carrier. Denial of the full extent of your work related injury is typical for insurance carriers. You will most likely have to go through the administrative hearing process...
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1 Answer | Asked in Workers' Compensation for Texas on
Q: The case worker/nurse called and is asking to go with me to my next dr appt. Am I abligated to let her go?

I had a knee wore out from competitive use in my line of work but was feeling no pain and was working. Then I slipped and twisted the knee and after that knee started buckling. I climb for a living so reported injury and told them no longer felt safe climbing. My wife has health insurance for us... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Oct 23, 2018

Hello:

I'm attorney S Michael Graham

Feel free to call me at my office to discuss the facts of your case. My office number is 214-358-6060.

1 Answer | Asked in Workers' Compensation for Texas on
Q: I was hurt on job in Louisiana working for company from Texas. Which state has jurisdiction to file?

Employer and insurance carrier is telling me Louisiana but rules I read said Texas since Texas company. Insurance said if filed in Texas will deny claim. can They do this?

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Oct 23, 2018

If you were hired or recruited in Texas and then you went to work in Louisiana, Texas would have jusisdiction. You need to speak directly with an attorney to make a final determination on jurisdiction. I don't know if you could file I now Louisiana as well.

1 Answer | Asked in Workers' Compensation for Texas on
Q: My husband is in construction, working in amarillo, he came home and fell ill with a rare illness caused by environment

We live near dallas, and my husband works in construction, he was sent to amarillo, a week or two after coming home he fell ill, and had to go to the er. The dr.s say it is more common in the west than here, and really rare here. Workers comp, is saying he's denied, because they didnt... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Oct 13, 2018

Hello:

I'm S Michael Graham. I'm sorry to hear your husband fell ill. In order to prove your accident is work related, you would need to get to a pulmonary specialist type doctor. A medical expert that can give an exact diagnosis. If he was working on an oil rig or at a specific...
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1 Answer | Asked in Employment Law, Workers' Compensation and Car Accidents for Texas on
Q: I

I was backed into on domino's parking lot by a delivery driver. Domino's took care of the medical bills but is saying to me as of today they aren't obligated today me lost wages know that it wrong I looked. I needn't money.

Peter N. Munsing
Peter N. Munsing
answered on Oct 11, 2018

You have a claim for your injuries and lost wages. Contact a member of the Texas Trial Lawyers Assn for the County where it happened. They give free consultations.

2 Answers | Asked in Workers' Compensation for Texas on
Q: I got hurt at work. I slipped and fell, I had on my slip resistant shoes. I went to the doctor they told me too go to.

I didn't go to ER, I went on the 4th day after the fall. my fall was not my fault managers told me. They watched the video, and said it was a hard fall. My back, neck,and head hit hard. The first PA I saw he didn't really examine me. He wrote a note for me to not lift more than 15lbs,... View More

Roy Lee Warren
Roy Lee Warren
answered on Oct 4, 2018

Whether you get a 2nd opinion depends on what for...If your employer had WC coverage you probably should request an ombudsman through DWC to assist you with your claim. The are appointed to help you by DWC and they are free.

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1 Answer | Asked in Workers' Compensation for Texas on
Q: i got let go while on WC for a non WC reason. i would like to know am i still covered for services and pay until im 100

i had my 1st surgery in May. been home re-cooping / PT afterward. in late Aug they had me come back at a desk job. im a truck driver / warehouse by trade. i have a frozen shoulder and waiting on surgery #2. i got let go today for sending inappropriate im's. ( i think theses is more to it ) i... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Sep 26, 2018

If you are fired for cause, you would not be entitled to off work (TIBs) benefits because the reason you are not earning income (wages) is because you were fired and not because you have an injury. If you can prove the reason they fired you was not for cause such as they were just looking for an... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: Can workers comp insurance continually ask for urine drug screens at doctors visits 18 mnths AFTER injury

I was injured at work and initially had a urine screen for drugs at hospital immediately and had no drugs or alcohol found in my system. I am requiring a third surgery, the insurance nurse case manager has been having drug screens without my consent or knowledge.on the third incident,I inquired... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Sep 26, 2018

Without more facts it would be difficult to know for sure why the screening was performed. The NCM can't order the screening on her own. She would have to speak to your doctor(s) to have them order the testing. You should find out which doctor ordered the test and then speak to them about why... View More

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