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Texas Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Texas on
Q: Our office was closed due to mold but we were told it was for maintenance. Should they have told us the truth?

I have asthma and we were never told the truth about the mold. A few years ago we had a sewer problem, and another employee took pictures of the mold. I feel we should have been informed as this can affect people’s health.

Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Nov 8, 2021

Your employer should have advised all employees if there was exposure to a toxic amount of mold. Whether or not this amounts to a valid workers compensation claim would depend on particular state law and usually there is a requirement that the exposed individual be injured by the exposure.

1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Q: If your lawyer tells you to go back to work after surgery should you even though the Dr hasn't released you for work.

I have had neck and back surgery and he said why don't you go back to work doing what you did previously nad what I did was construction most companies won't hire me for customer service when I worked construction for 90%of my life and I can't receive disability or unemployment or... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 5, 2021

A Texas attorney could advise best, but your post remains open for four weeks. And this is not a question suited for a brief textbox response here. Not to evade your question - but this is a very important decision that you should discuss with your attorney. Your attorney has all your file... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: I was hurt on the job .was seen by a door over the phone witch said I had a sprained hip and sent me back to work with

Sent me back to work no restrictions. I tried but am in a large amount of pain what can I do???

Carrie Dyer
Carrie Dyer answered on Oct 27, 2021

You should ask for a second opinion by a different medical provider. Then, you should provide that paperwork, including any restrictions you are given, to your employer.

1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Q: I need to know who to talk to about me working at a job site and hitting a electrical power line it exploded in my face
Juan G Ramos
Juan G Ramos answered on Aug 5, 2021

You need to speak to your employer immediately. If you were a contractor working under a general contractor you need to contact the general contractor. The purpose of this notice is to see if your employer or supervising contractor have worker's compensation insurance.

2 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: I need to know who to talk to about me working at a job site and hitting a electrical power line it exploded in my face

No 911 never was called and I was not seen my boss told me not to tell nobody but I have to because my vision is not right I know it's not and I'm just afraid to get anybody in trouble but this is not right what do I do

Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2021

First you need to talk to a member of the Texas Trial Lawyers Assn in your county who handles workers compensation. They work only for workers, and give free consultations.

You need to get medical attention as soon as possible. Start by seeing your family doctor. Be sure to jot down the...
Read more »

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1 Answer | Asked in Personal Injury, Workers' Compensation and Medical Malpractice for Texas on
Q: Got ran over by a garbage truck!

What can I do? I got ran over by a garbage truck December-11-2020. Stayed overnight at the hospital. The E.R. Doctors sent me home the next day. Workers compensation doctors had me do therapy and they let my foot healed improperly. I was forced to walk on my foot for months with it like that until... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 9, 2021

A Texas attorney could advise best, but your question remains open for three weeks. The doctors who sent you home might argue that their decision was a sound one based on findings of a physical examination, x-rays, CTs, or other medical evidence available at the time they formulated their... Read more »

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 »

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