Matthew Bruce Lewis’s Answers

Report the injury to a supervisor immediately. Fill out any accident reports that are necessary and ask for a copy of anything you complete. The law allows thirty days in Texas to report an injury, but any delay can affect how the insurance carrier views the claim. Also, you should file form DWC-41, which is a report of injury to the Division of Workers' Compensation. While you do have one year to file that form, filing it early can sometimes help get your claim processed faster. You also...

You will need to consult an attorney immediately. In Texas, employers are not required to carry workers' comp insurance. Many grocery stores don't. If they don't have workers' comp insurance, they usually have an "accident" plan. These cases are very different. There are also claims to be made against the truck driver/owner. There are deadlines with these cases. If you would like to discuss your options further, let me know.

I handle claims in Fort Worth. If nothing is happening on the claim, then it needs a good kickstart. Let me know if you'd like to discuss your options.

It sounds like your employer is not turning the claim in to it's insurance carrier. You can get around this by filing a claim with the Division of Workers' Compensation. Once that is done, the Division will notify the insurance company and an investigation will begin.

There is not a time period that you have to be disabled before you can have surgery. If your doctor has tried physical therapy and other conservative measures, then he may request preauthorization for surgery if he believes it is medically necessary at this time. If surgery is in the plans, then you should not be considered as having attained maximum medical improvement.

The answer to your question depends on whether the case is pending in a district or county court, or if it is pending at the Division of Workers' Compensation. There are different rules governing the courts as opposed to the Division.

It sounds like you need to let a workers' comp attorney review your case. If you have been off work for a year without getting workers' comp benefits, there may be additional benefits to pursue. Also, shoulder injury impairment ratings are often done incorrectly. I suggest having it reviewed by a lawyer who knows the ins and outs of impairment ratings in Texas.

Mr. Morris is correct. You have the right to all reasonable and necessary medical care for the rest of your life, so long as it is for the work injury. My Texas practice consists of both workers' compensation cases and social security disability claims. I find that most of my clients with social security claims are injured workers that have been cast aside in the workers' comp system. However, these cases have potential to be very good social security claims if they are set up correctly....

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.

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.