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Texas Workers' Compensation Questions & Answers
1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Workers' Compensation for Texas on
Q: How to describe pain in body specifically without sounding like a junkie or like I'm reading off a cue card

Ok so my attorney said he wants me to list off all my back issues with like l1 l2 l3 l4 l5 c2 c3 c4 and t1 t2 t3 t4 t5 n neck and my torn shoulders he said you have tooth pain that's your new fav word look at a nerve diagram and follow these nerves n be like cause l5 is messed up on pauper... Read more »

Tim Akpinar
Tim Akpinar answered on May 29, 2021

A Texas attorney could advise best, but your post remains open for two weeks. Regardless of what state you're in, it sounds like you have an attorney representing and advising you. So that must be respected. But as a general note, it sounds like you are going to an IME (independent medical... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: What can be done in this situation?

My brother in law works for a landscaping company. His boss forced him to go up in a tree near a power line in strong wind and he got electrocuted and fell 14 feet. Before going up, he showed his boss what was happening and made sure the hazards were known because they don't have any... Read more »

Daniel John Christensen
Daniel John Christensen answered on Apr 29, 2021

Yes, the employee has a claim against his boss, assuming his boss is not a subscriber to worker’s compensation insurance. The person should contact a Board Certified Personal Injury Attorney as soon as possible for a free consultation.

1 Answer | Asked in Workers' Compensation for Texas on
Q: I work for Walmart and had an injury at work and the Walmart doctor says it’s arthritis ,im in a lot of pain .

And there is something wrong with my legs and my knees

S. Michael Graham
S. Michael Graham answered on Apr 26, 2021

Walmart does not carry traditional workers' comp through the Texas Dept of Insurance. They hand pick the doctors you will have to see. As a result, the doctors will usually tell you your injury is an age related issue. If you were injured as a result of negligence on the part of Walmart, then... Read more »

1 Answer | Asked in Employment Law, Small Claims and Workers' Compensation for Texas on
Q: sue for not pay work comp from walmart

Walmart claim denied for my injury from work on paper dept. they did not find any evidence of my injury so I want to sue them

Carrie Dyer
Carrie Dyer answered on Mar 24, 2021

This does not sound like an employment law-related matter. You should contact an attorney in your area who practices workers' compensation law to discuss your options.

1 Answer | Asked in Workers' Compensation for Texas on
Q: How can find out how to proceed with a worker’s compensation case in witch I habe shoulder surgery and I was lay off ?
Tim Rose
Tim Rose answered on Feb 5, 2021

You should consult with a local workers comp attorney. Most will offer a free consultation regarding your options moving forward.

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: Hurt back at work. got on workers comp. been on it for a year and a half. had a lawyer for a year. we're are coming up

on the finalization. I have a very good case I know we would have this. My second W.C. adjusters own doctor appointment is this Thursday. The lawyers emailed me today with some very bogus untrue reasons that they are not taking this farther because we wont win the case in court. I'm not... Read more »

Daniel John Christensen
Daniel John Christensen answered on Feb 2, 2021

I am sorry to hear about what happened with your lawyer. While I don’t know enough about your situation to give you any advice here, I can advise you to seek new representation as soon as possible. In Texas, personal injury lawsuits must be filed no later than two years after the event. The... Read more »

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1 Answer | Asked in Workers' Compensation and Appeals / Appellate Law for Texas on
Q: Exam date and certification date different what date is correct for MMI rating?

MMI sent to company doctor not my treating doctor company doctor accept MMI refused and was refused to go to primary doctor until 90 days up and primary doctor said not at MMI what will happen

Roy Lee Warren
Roy Lee Warren answered on Nov 17, 2020

Thanks for your question. I have some difficulty understanding precisely what you are asking. So with that having been said I will answer as best I can. It looks as if neither doctor said you are at MMI? If that is correct then you will stay on TIBs until you reach MMI as certified by qualified... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: Should I find my own FCE specialist or is it in my best interest to use the one suggested by my treating physician?

At this point in time, I am currently working a modified duty assignment with the organization I work for?... so, I am guessing that with this study I will be closer to MMI, however, I do not feel that I am anywhere near 100% to do my job safely and efficiently. Any help is greatly appreciated!

Roy Lee Warren
Roy Lee Warren answered on Nov 17, 2020

Thanks for your question. If you simply use your own medical provider for the FCE, you may have to pay for it yourself. You are correct that the IC is preparing to send you off to MMI land. They are in the business of collecting premiums, not paying claims so I would not be trusting everything from... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: in the state of Texas how is the waiting period for surgery approval ? Meanwhile how long do I have to go in pain?
Roy Lee Warren
Roy Lee Warren answered on Nov 17, 2020

First, thanks for your question. The answer I must say, it depends. (I hate that answer but I will explain). If your case is being disputed, b/c the carrier is claiming surgery is not necessary b/c it's not related to a "compensable injury" it could be a while. Maybe 6 months, I know... Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for Texas on
Q: Can my boss reduce my hours while I have an open workers comp claim?

I tried to get partial unemployment but she gave me just enough hours to where I cannot receive benefits, is this right?

Kyle Anderson
Kyle Anderson answered on Nov 11, 2020

Some states have laws that protect employees from retaliation after filing a worker's compensation claim. If you filed for it, and your boss reduced your hours in retaliation for it, you may have a claim. It depends on Texas state law. I would reach out to an employment law attorney in Texas... Read more »

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1 Answer | Asked in Workers' Compensation for Texas on
Q: If workers comp denied a body part several times but later authorized treatment, what can I do?

I was injured on the job by a co-worker. Several body parts were said to be not compensable by workers comp. After being denied many times for treatment and a change of adjuster, my treatment was approved. I have had 3 MMI’s. Can you please tell me what steps should I take to discuss Why I was... Read more »

Roy Lee Warren
Roy Lee Warren answered on Oct 20, 2020

Its complicated b/c a carrier (IC) may dispute an injury as not being "in course and scope". Once that issue is settled as a compensable, the IC can still dispute that medical treatment was not reasonable or necessary. I know of cases where there was a preauthorization and latter a... Read more »

2 Answers | Asked in Workers' Compensation for Texas on
Q: I have an upcoming statutory MMI and IR rating with a DD. How do I know if the rating I receive is a fair rating?

I have had three surgeries on my shoulder. I had three because I had an infection from the first surgery. The final surgery was Anterior Capsular Reconstruction. My doctor gave me a permanent weight limit restriction of 30 pounds. My profession that I have been in for 30 years requires me to lift... Read more »

S. Michael Graham
S. Michael Graham answered on Oct 17, 2020

The best way to check your rating is to have it reviewed by your treating doctor or another person that is familiar with impairment ratings such as an attorney. The fact that you had multiple surgeries on the shoulder will not effect the rating. Essentially, the doctor will be measuring your... Read more »

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1 Answer | Asked in Workers' Compensation for Texas on
Q: Can I work part time or even a full shift as long as they follow the time permitted restrictions?

My treating physician just lifted the 0 hr of restrictions of certain movements to that of 2 hrs... with that being said, my employer wants me to work on modified duty... my question is two-fold, I suppose. 1) Can they put me to work more than 2 hours as long as those restrictions are met ? 2) how... Read more »

Matthew B. Lewis
Matthew B. Lewis answered on Sep 28, 2020

You can return to work under modified duty. The insurance company will still owe you TIBs if you earn less than what you were making before you got hurt. The employer should honor the restrictions if they are going to put you back to work. If they don't, your doctor can take you back off... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: In Texas mind you, my husband i believe fractured his tibia on the job back 20 years ago during college years.

This year it has started bothering him to the point he has to wrap it to stabilize the area to get through the day. He has contacted the state that has agreed to find his case and forward it to the insurance company since it is archived. The question is does he have to use his pto on his job now to... Read more »

Matthew B. Lewis
Matthew B. Lewis answered on Sep 18, 2020

As you seem to have figured out, medical treatment for a covered workers' comp injury in Texas is available for life. The only limiting factors with that are that it has to be reasonable and necessary, and the treatment has to be related to the compensable (covered) injuries.... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: I was injured in a car accident while working in 1993 and had mutilple fractures. Filed a claim was off for

For 2 1/2 months. Was released by a dr in a different town who told me that I would need surgery in the future. I eventually had to have the surgery last year.

Can I file on an old claim?

S. Michael Graham
S. Michael Graham answered on Jun 10, 2020

If you filed your initial claim with the Division of Workers' Compensation in Texas and the specific injury is part of your work related injury, you have coverage for life for the work related injuries. This might be difficult to prove up but in theory you would still have a valid claim.

1 Answer | Asked in Workers' Compensation for Texas on
Q: I got bit by a dog at work and he fractured my thumb I went to the doctor through workers comp and my case is closed now

I still don't have full use of my thumb, my bone is looks like it has arthritis now but the doctor said it's because of my age ,is there anything I can do?

S. Michael Graham
S. Michael Graham answered on Jun 2, 2020

You have the right to seek reasonable and necessary medical care for your thumb. You also have the right to receive a permanent impairment rating for your thumb. If you would like help with this process, feel free to contact me as follows:

email: smgesq6060@sbcglobal.net

ph. 214-358-6060

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: Buenas tardes , quisiera saber como me puedo asesorar para demandar una compañia que me despidió injustificadamente
S. Michael Graham
S. Michael Graham answered on May 18, 2020

Hola Me LLamo Michael Graham. Si puedo llamar mi officina es mejor. No hablo mucho espanol. Si tiene una persona qua habla English para eusted es mas mejor. Gracias.

1 Answer | Asked in Employment Law, Criminal Law and Workers' Compensation for Texas on
Q: Hello, I was wondering what I could do about a labor job I did for a lady. I found her on Craigslist and my ex coworker

And I dug up dirt in one of her rental houses backyard. The original agreement was to dig up and put back the dirt for some pipes for $500. She didn’t pay us anything the day we dug it up. My then coworker was unprofessional and harassed her with phone calls to get some form of payment. We went... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 5, 2020

This does not sound like a criminal law question but maybe you could file a small claims lawsuit in civil court. Contact the Justice of the Peace court for the address where the work was done.

1 Answer | Asked in Personal Injury, Workers' Compensation and Wrongful Death for Texas on
Q: My father has me as next of kin on his paperwork and all his things I’m beneficiary his job contacted sum1 else

His job contacted someone else and the hospital released his body to someone else and gave his property to some else ohh they found some random person on Facebook with his last name

Tim Akpinar
Tim Akpinar answered on Apr 17, 2020

I'm very sorry for your loss, and the way it was further compounded by the handling of this matter. It looks like the person who could best help you clear things up before they get further out of hand with your father's property being improperly distributed to strangers would be a Texas... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: Should I get compensated for doctor visits under Texas Worker's comp and if so what's the section of the law to claim it

I am being assisted by an Ombudsman, but she claims that she doesn't know of any section of the Texas Worker's Comp Law that allows an injured worker to claim payment for doctor's visits or for treatment for an accepted on the job injury. I have found during my research that... Read more »

S. Michael Graham
S. Michael Graham answered on Apr 15, 2020

You will need to submit your pay check records to the adjuster. If you are missing time from work, you are entitled to partial TIBs for the time missed. You would be compensated at 70% of gross wages less actual wages currently paid. There is no 2 hour rule. Also, if you travel over 30 miles one... Read more »

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