In Texas, the insurance company must pay pursuant to the designated doctor's report. Because that report placed you at MMI, the carrier can't restart your benefits without a signed agreement of the parties or a ruling from the Division. This will have to go to a Benefit Review Conference to resolve. That means you will likely need to hire a lawyer because this is a very complicated matter.
Also, you must remember that you only have 90 days from the date you received the designated doctor'...
My office is not too far from you. I think this type of situation would require us to sit down and go over the details together. It's too complicated to simply reply in this format. I offer a free consultation if you are interested.
The answer depends somewhat on how you got hurt. We would need to discuss the details to fully answer your question. The short answer is that you can't settle with the workers' comp insurance company. However, you might have other options depending on what happened. If you want to talk about it, click through to my profile and give me a call.
You may have a claim against your employer for retaliating against you because you pursued a workers' comp claim. You will need to discuss these details with an attorney to know whether it is worth pursuing. However, you need to file your workers' compensation claim and get it on the right track. This usually means hiring a good attorney and getting to the right doctors. Let me know if I can help in either regard.
Everything depends on how your mom got hurt at work. Even if they don't have workers' compensation insurance, she may still have a claim against the company for her injuries if there was any negligence on the part of the employer or a co-worker. I suggest that your mom discuss the details with a work injury lawyer. You should be able to get a free consultation.
You ought to be able to get treatment. I usually research the company involved to find out if they have workers' comp insurance or not. Either way, there are doctors that will see you if we tell them how the claim is going to be handled.
The main question in a case like yours is whether or not you are going to have any additional treatment of any significance. If you are, then you are likely not at MMI. If you are not, then you are likely at MMI. There are deadlines when it comes to disputing impairment ratings. It may be that your lawyer went to the hearing you described and perfected your impairment rating dispute but bought you time to get the surgery or other treatment necessary to prove that you are not at MMI....
Yes! In my practice, I file the application for social security benefits for all of my workers' comp clients who have been off work or are expected to be off work for one year. Because the evidence overlaps for both claims, it is often beneficial to talk to an attorney that handles both types of these cases. And unlike a workers' comp case, the disability claim can be about all of your health problems, not just those related to the work injury.
In Texas, the attorney fee is set by statute. Attorney fees are generally billed at $150 per hour and collected at 25%. The legislature has limited the attorney fee to no more than 25% of any benefits paid. It is usual for the attorney fees to be paid out of the temporary income benefits your husband would be getting paid at this time.
If the company has workers' compensation insurance, the first thing you need to do is file a claim. You can do this by filing form DWC-41 with the Division of Workers' Compensation. Even if the employer has not reported the claim to its insurance carrier, the Division will forward the notice to the insurance company.