Matthew Bruce Lewis’s Answers

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.

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,...

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.

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.

There is nothing in the Texas Workers' Compensation Act to compel the employer to continue to pay you or make a place for you. However, you should consider talking to an attorney that handles Americans with Disability Act claims (ADA claims) to see if you have any recourse under that statute.

In Texas, workers' compensation benefits are generally paid at 70% of your pre-injury wages. In order to determine how much you are owed, you will have to add up your gross wages for the 13 weeks prior to your injury and divide by 13. This is your average weekly wage. Weekly benefits are capped, and the cap changes every year. The maximum/minimum benefit table can be viewed at http://www.dallasworkcomp.com/id4.html.

Workers compensation systems are different from state to state. The answer to your question will depend on what state you were working/living in at the time of your injury. In Texas, you would be covered under workers' compensation.

Texas law does not allow an injured worker to sue his employer for negligence. However, he is entitled to workers' compensation benefits. He should receive monetary benefits as long as he cannot return to work earning his pre-injury wages, or until he reaches maximum medical improvement. He is entitled to medical benefits to treat his injuries for the rest of his life. There is a possibility that the forklift manufacturer, servicing company, or other company responsible for the design,...

There is no law requiring that you be paid while you are in physical therapy. The law does allow the employer to force employees to use up personal leave or vacation in these circumstances, or in your case your lunch time to defray the amount of time you are away from work. So long as they keep paying you your full wage, you are coming out ahead. The other alternative is for the employer to not pay you for the time you are away from work for physical therapy and have the workers'...

In Texas, an injured worker cannot sue the employer or the employees of the employer for negligence. This was a decision made by the Texas Legislature when they enacted the Texas Workers' Compensation Act. Section 408.001 of the Texas Labor Code states that "recovery of workers' compensation benefits is the exclusive remedy of an employee covered by workers' compensation insurance coverage or a legal beneficiary against the employer or an agent or employee of the employer for the death of or...