Matthew Bruce Lewis's Answers

I was hurt on the job now im healed my vision was 20/20 before no its 20/200 how should i be comp

You are correct that there is a book they go by, but a doctor has to certify the impairment rating, and some of these guys read the book differently than others. It also depends on what testing has been done. There are a lot of variables. Just remember that you have 90 days to dispute the first impairment rating or it becomes final. I always advise injured workers to have a lawyer review their impairment ratings. There are mistakes in so many of them.

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Can I file a workman's comp claim for carpal tunnel if I no longer work for the employer?

Even if you no longer work for the same company you are eligible to receive workers' compensation benefits. There are several issues with the facts as you have stated them. In Texas, you must report a carpal tunnel injury to your employer within 30 days of the day you knew or should have known that you had a work-related injury. You must also file a claim with the Division of Workers' Compensation within one year from that date. There are some exceptions, but that is the general rule. If...

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Do I need an attorney to dispute an impairment rating from a designated doctor for Workman's Comp

You should definitely have an attorney look at it. That disparity is large enough that somebody needs to look it over. Make sure that you immediately call the DWC and tell them that you want them to log your dispute of that impairment rating. You also need to file form 45 and check the box indicating that you dispute the findings of the designated doctor. When you file the 45, ask for a copy of it. The date stamp on it is your proof that you filed a dispute. Remember that you only have 90...

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Currently recieving worker's compensation benefits , can I still recieve worker' comp once my job terminates me.

If you are receiving benefits under a Texas workers' compensation claim (not an employer benefit plan) then you are covered for life. Even monetary benefits will continue after your termination, assuming that you are still unable to earn your pre-injury wage due to your injury.

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I got. Workers comp and had surgery but when I had surgery the doctor said I need a kneecap replacement now what to do

If the insurance company has not accepted liability/responsibility for the kneecap injury, then you will need to get your doctor to explain how the kneecap problems resulted from the work accident. After that, you will need to go to a benefit review conference and a contested case hearing to establish your right to this treatment. You can review some tips on extent of injury disputes and proving causation (the cause of your injury) below.

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I was injured on the job on 04-12-12, i hurt my left arm and since the workers comp that my employer has denied my bennifits

I believe we usually see Providence Insurance as a non subscriber carrier. Your employer may not be covered by real workers comp insurance. If you can show that your employer had any fault in causing your injury (like failing to give you proper equipment or training), then you may be able to sue them for your injuries. You will need to discuss the details of your claim with an attorney to figure out how to proceed.

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I got hurt at work and my employer said they do not want to make a claim on their insurance can they do this?

Regardless of what your employer wants to do, you can file the claim. In fact, it is required that you complete a notice of injury and file it with the Division of Workers' Compensation if you are going to pursue the claim. There is a one year deadline to file your claim. Employers try this all the time and it usually works out for them, but it rarely works out for the injured employee. They are depriving you of the benefits and lifetime medical insurance you are entitled to under the law.

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My left thumb was amputated at work,( I am right handed ).

In Texas, there are no lump sum settlements anymore. The law was changed in 1991. Now, you are entitled to temporary income benefits while you are off work due to the injury. If your doctor has released you to light duty, then the employer has the right to accommodate the restrictions and offer you a job that is within those restrictions. If you decline, then your benefits are reduced by the amount of wages that you were offered. Once you finish treating and recover as much as possible,...

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Am i allowed to get a second opinion from a doctor while on workers comp in texas?

You have a right to get treatment from a doctor of your own choosing. A list of local DFW area docs for workers comp injuries can be found at http://www.dallasworkcomp.com/finddoctor.html I know a good clinic down your way for Texas workers comp injuries. Feel free to give me a call at 877-644-1114 or local at 972-644-1111.

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Can my employer cut my pay if I was injured at work and placed on light duty?

If the employer cuts your pay in this situation the workers compensation insurance should pay you 70% of the difference, unless you have already reached maximum medical improvement. If they don't pay you, you will need to consult with an attorney that knows Texas workers compensation law.

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