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Texas Workers' Compensation Questions & Answers
1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Good Morning, I was injured receiving workers comp that they filed and approved and now I have to pay them back

I was working as a DOD Civilian had a stroke that was said to related from head injury at work . Then I was left in attended in ICU fell out of bed cracked and bruised some ribs. I couldn't swallow so they had me with no fluids for seven days at that time they finally ran a swallow study that... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 20, 2020

A Texas attorney could best advise here, but your question remains open for a month. As a general premise, if you were paid workers' comp benefits and this was related to a third-party accident, workers' comp can assert a lien on the personal injury case. From your description, that's what it... Read more »

2 Answers | Asked in Workers' Compensation for Texas on
Q: Workers Comp Question:Can I sue my employer if I get hurt a second time even though they knew what my restrictions were?

So I originally got injured on 05/2019, 4 months later I was injured again. My employer was aware of what my restrictions were but still put me to work. Causing the second injury. So my second case is closed as of last week, but my injury I feel is not quite where I feel it should be? Could I sue... Read more »

Roy Lee Warren
Roy Lee Warren answered on Mar 12, 2020

If your employer had wc coverage, sorry that's a complete bar to a PI case, except in a gross negligence case that results in death.

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1 Answer | Asked in Business Law, Civil Litigation, Employment Law and Workers' Compensation for Texas on
Q: What is the law (if any) on lunch breaks or any breaks at all during long shifts exceeding 8-10 hours.

I work for a company called "Painted Tree". It became clear to me after my first day that they do not give you a lunch break, or any breaks at all (aside from the manager telling me when i started that I can grab a water or a piece of candy if i need it). What's really difficult is going 8,9,10... Read more »

Gregory L. Ahlgren
Gregory L. Ahlgren answered on Feb 6, 2020

It depends on the specific situation, including the city where the work is being performed.

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: The company I drive for will not give me my paycheck and the money I was short. What can I do
S. Michael Graham
S. Michael Graham answered on Feb 4, 2020

This would be a question better answered by an employment law attorney instead of a workers' compensation attorney. The latter deals with on the job bodily injury and off work benefits while the former deals with wages. You could file a claim with the Texas Workforce Commission to allege a wage... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation and Civil Litigation for Texas on
Q: Should I just move on from my Texas Worker's Compensation Case my Attorney just dropped me today 01/17/2020

The other side sent new evidence out to my Attorney about my Statement I made on my injury at work which I forgot about. I was working the night shift removing some bolts using wrenches wearing a slicker suit and full PPE with Neoprene Gloves taped around the cuffs of the rubber jacket and gloves... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 30, 2020

I doubt any lawyer will advise that you "just move on", particularly if you feel you legitimately have a valid claim. You claim seems to be mor eof an occupational disease or repetitive injury than one caused by "pulling, pushing, twisting" so I would not worry about the statement "sinking your... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: So was injured back in 2011 did the whole workers comp thing. Come 2013 they drop me from workers comp and back was not

Healed properly. Long story short my back is acting up aging from the same injury and I’ve gotten and mri done and now I’m needing surgery from the same injury that occurred in 2011. Wanting to know if I can reopen the medical worker’s compensation

Roy Lee Warren
Roy Lee Warren answered on Jan 30, 2020

Yes you can apply to have the carrier pay continued medical benefits but since the Texas State Supreme Court (TSSC) has taken away the right of injured workers to sue carriers for bad faith most are lef with little to no remedy. The TSSC must believe the carriers will pay or reopen claims based on... Read more »

2 Answers | Asked in Workers' Compensation for Texas on
Q: Workers comp opted out of workers comp now they want to put my wife in a transition to work program?

Been receiving workers comp and now they opted out of workers comp? She was run over by a car at work and hasnt been cleared to return. She had an orthopedic appointment for a torn meniscus and they called and said they opted oit of workers comp? And now want her to sign something to do a... Read more »

S. Michael Graham
S. Michael Graham answered on Jan 27, 2020

The carrier cannot "opt out" of workers' comp. If the Carrier provided coverage on the date of injury, they are responsible for the work related injury for life.

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1 Answer | Asked in Workers' Compensation and Small Claims for Texas on
Q: How would I go about claiming property that has been left on my property

Car left for repairs for 2 in half months, and have not been contactedsince

Roy Lee Warren
Roy Lee Warren answered on Jan 13, 2020

This is not a wc question so you may want to ask it again under a more appropriate classification such as abandoned property or storage. You may be able to discover an answer by reviewing the laws for the following:

Texas Property Law

Sec. 72.101. PERSONAL PROPERTY PRESUMED...
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1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: is this a sue-able offense

Delivery driver 7 months (for company that delivers for amazon) , terminated because amazon giving fewer routes in in middle of work week, say cant use paid time off, are they suppose to pay me in full after 6 days or if its weekly pay, its on their own timeline what about the paid time off, since... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 9, 2020

I suggest you speak with an employment lawyer. This is listed under wc, but it is not a wc type of case.

You may be able to get assistance from the Texas Workforce Commission (TWC). There is an office in Houston. The website is at: https://twc.texas.gov/jobseekers/employee-rights-laws

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: My husband was an owner operator truck driver we live in tx his employers in Oklahoma. He had a heart attack while on a

Load in Virginia. It was normal not to hear from him for a couple of days because he was lroably out of our cell range . the nigjt came and I befin to worry so much called.my son's all of us plus his friends despertly trying reaching him my.son called.his employer they told him over tbe ohone their... Read more »

Roy Lee Warren
Roy Lee Warren answered on Dec 30, 2019

Thanks for your question; I will try to give you the best answer I can given the complexity. I am very sorry for your loss and because your situation is complicated you need to seek legal counsel, but I am sure you already know that so I can give you a better answer than that, right?

Before...
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1 Answer | Asked in Workers' Compensation for Texas on
Q: Is an employer liable for not rendering aid after complaints of chest pains were reported to supervisor?

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.... Read more »

Roy Lee Warren
Roy Lee Warren 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 gross negligence...
Read more »

2 Answers | Asked in Workers' Compensation for Texas on
Q: What do I do when a MD turns in medical report of my Examination to TDI/WC but I was absent in this examination?

The DWC-73 document doesn't have my signature to it but it was turned in as if I was medically examined?

S. Michael Graham
S. Michael Graham 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 practices. When... Read more »

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1 Answer | Asked in Personal Injury, Workers' Compensation, Health Care Law and Medical Malpractice for Texas on
Q: What I need to do when I can prove Texas worker's comp Dr's are biased with their diagnosis?

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 by... Read more »

Tim Akpinar
Tim Akpinar 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 probably already... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: How long is the wait to receive my worker's compensation check

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 my back... Read more »

Roy Lee Warren
Roy Lee Warren 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...
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1 Answer | Asked in Construction Law and Workers' Compensation for Texas on
Q: Please help Two years ago oct 6 2017 I was injured on a construction site in Oklahoma but employed with Texas company.

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... Read more »

S. Michael Graham
S. Michael Graham 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 employee.... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: Should i get a worker's comp lawyer and if so what do you recomend my pain is getting worse

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

Roy Lee Warren
Roy Lee Warren 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.... Read more »

2 Answers | Asked in Workers' Compensation for Texas on
Q: I was injured at my job but was still able to work. I changed jobs but my injury has gotten worse and need surgery.

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... Read more »

S. Michael Graham
S. Michael Graham 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 contact a... Read more »

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1 Answer | Asked in Workers' Compensation for Texas on
Q: Son Injured on job. Filed WC claim. Co making him use all his PTO with no mention of pay after that.

They have been covering all medical bills but shouldn't he be getting at least partial income?

Roy Lee Warren
Roy Lee Warren 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.

2 Answers | Asked in Workers' Compensation for Texas on
Q: Can I still get medical help for back pain related to a back injury that was cause by an at work slip n fall n '06
Roy Lee Warren
Roy Lee Warren 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.

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2 Answers | Asked in Workers' Compensation for Texas on
Q: Can workers comp doctor's make one use their own private insurance?

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 the... Read more »

S. Michael Graham
S. Michael Graham 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 discuss the... Read more »

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