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?
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 cause" of the HA. The WC...Read 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... Read more »
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.
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 way...Read more »
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 actually have new...Read more »
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...
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 off for an...Read more »
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...Read 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... Read more »
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 elect...Read more »
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
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,...Read 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?
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 workers' comp...Read 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... Read more »
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.
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 and I... Read more »
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 is...Read more »
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...Read 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?
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...Read 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... Read more »
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 pay claims...Read more »
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...Read more »
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 workers... Read more »
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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