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Not sure they are getting the 73. ask about if I was on restrictions, to see if they can find something for me or said maybe I would have to resign... Kind of confuse why would they put me on FMLA when it's a work injury not ask to for leave to take care of a family member...
answered on May 15, 2019
FMLA is based upon a federal statute that allows an individual to be off from work for 12 weeks and the employer cannot fire them "for being off work". After the 12 weeks expires, unless the company has a different policy, they can terminate your employment despite the fact that you are... View More 
answered on May 4, 2019
You may have a claim depending on if you gave notice.
Did you report (does not have to be in writing) an injury w/i 30 days of the date you knew or should have known the condition was caused from your job? The date of injury (DOI) is seldom the first onset of symptoms but rather when the... View More
I took sick leave in lieu of a workers comp check. WC approved that but didn’t tell me it would cause problems. I also worked another job before breaking my hip in several places. Now they say I can’t draw compensation for the second job. Is this right or should I be able to draw a percentage... View More
answered on May 4, 2019
I am sorry you made that election to take your "earned" sick time and/or PTO. Governmental jobs are unique in that way (they can elect accumulated sick pay and the election cannot be reversed). I have tried and tried to come up with an instance when it is better for the injured worker to... View More
So how does this injury affect my current case ?
I feel like I’m unfit for even light duty now .
Also my employer knew about the back injury and made me sign a paper stating I couldn’t sue them for any future back problems if I returned to work which I obliged due to bills and... View More
answered on Apr 22, 2019
You would definitely need to go to a BRC hearing before the division to sort this out. This is essentially an "follow on injury". These are very hard to prove up at a hearing. You should consult a workers' compensation attorney directly to discuss the matter.
I work at the post office and i had injured my back and shoulder and when i requested to file an injury for workmans comp to pay the supervisor said that if i tried to file it would jeopardize my employment with them
answered on Apr 15, 2019
They absolutely cannot terminate your job for filing a wc claim. However you could lose your job if your injuries prevent you from being able to perform your job, but that would be true whether you filed a claim or not. Also once you told the supervisor about your claim (s)he must file the claim,... View More
I have lost a lot of time due to Dr’s appointments and physical therapy I even missed time to go see a neurosurgeon 250 miles away during work hours. Do the have to pay for the time time that I missed during the day when these appointments?
answered on Feb 18, 2019
You should be entitled to partial temporary income benefits, if you are not earning your average weekly wage. If you have doctor's appointments that are over 30 miles one-way and there are no other closer doctors, then you would be entitled to mileage too. My advice would be to get a... View More
adjuster to call me back. I left several messages on her voicemail, she would not call me back until Monday February 11/2019. She said she closed my case because the doctor released me. I told her that the doctor said I should get a second opinion, and I left her messages. She said she was going to... View More
answered on Feb 15, 2019
SORRY FOR YOUR SITUATION. I do not always trust employers, call Texas Department of Insurance,Division of Workers Compensation (I think the main line is 512 804-400; but you can look it up online). Or you can go to the website and look it up yourself.
If the employer is truthful and they... View More
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
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
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
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?
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
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
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
Now insurance company is denying due to previous dates are wrong.. what can I do ??
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
My conviction was overturn after 7 years. Can i get the $500. Schedule injury back pay ? Arizona workman comp.+
answered on Dec 10, 2018
When you start missing time from work, so it would normally be from the date of incarceration.
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.
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.
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
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.
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
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
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.
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
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!
have never had a attorney
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
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?
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... View More
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