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Matthew Bruce Lewis
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Matthew Lewis’s Answers

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  • Do I need a work comp lawyer

    Fell in Tx at work broke arm. Arm got locked inncast auto fused it self little to no motion... I was docked from work for all the days I missed. As an educator, we get paid once a mth I only brought home $1500 due to the dock the 1st mth and many ...

    Matthew’s Answer

    You should be entitled to benefits for the days you missed and were docked pay by your employer. And yes, you will need a lawyer to pursue those benefits.

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  • Re: Worker's Compensation or Short Term Disability?

    Thank you for your help! I was just approved for short term disability so does that mean I cannot pursue worker's compensation? I will now be facing medical bills as well and don't know what to do. Am I at risk of being fired if I hire an Attorne...

    Matthew’s Answer

    Even though you are receiving short term disability benefits, you can still pursue the workers' comp case if your employer has coverage. If you receive workers' comp benefits, you may need to report those benefits to the short term disability insurance company. You may also need to report the short term disability payments to the workers' comp insurance company. It all depends on whether or not you pay part of the premium for the short term disability. That's one reason why it is important to discuss this with a local workers' comp attorney.

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  • I work for a public school, I was hit by a special needs child went to the ER. Do I have rights to protect me from work & child?

    under workers comp I was put on restrictions now the school seems to want to get rid of me. What kind of lawyer do I need?

    Matthew’s Answer

    You need to talk to a local workers' comp attorney. At this point, it is important to make sure that the right documentation is being generated to protect your benefits if you are terminated or laid off. If termination does occur, make note of what you are told about why you are being terminated. If you are being laid off, make sure to see if anybody else was laid off at the same time. Then go talk to an employment lawyer about the termination or layoff.

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  • Should I get an attorney because I feel the one percent impairment rating I received was unfair.

    I was injured on the job ,I tore my meniscus and had surgery. After being released to full duty it took four months to get my impairment rating. I received a one percent rating. The doctor stated that I have a 0° - 110° range of motion in my knee,...

    Matthew’s Answer

    You should definitely consult with a local lawyer who handles workers' compensation claims. In addition to the impairment rating problem, it sounds like the doctor may have been wrong about determining that you reached maximum medical improvement. A free consultation could help you figure out what your options are. There are deadlines on this type of dispute so act fast. I've attached a link below to a video about Texas workers' compensation impairment ratings that provides additional info.

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  • How do I sue a past work for not paying for an injury

    I got hurt while working at Landry's Inc and they still haven't payed the medical bill and then got heat excausted from a lack of breaks. In an 12hr day we only got two breaks on 15min then 30min for lunch.

    Matthew’s Answer

    The answer depends on when you got hurt, whether you reported the injury to your employer, whether you filed a workers' compensation claim timely, and whether the employer even has workers' comp insurance. You need to meet with a local workers' comp attorney to discuss the details and figure this out. Even if they don't have workers' comp insurance, you may still be able to sue them,but that too depends on when you got hurt. You should be able to meet with an attorney for a free consultation in your area.

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  • Can a doctor submit a Maximum Medical Improvement and an Improvement Rating on a claim that has been denied.

    The first doctor I was sent to for my on the job injury ignored my statement that I was sure I had ruptured a disc in my lower spine, I had felt the same pain back 2003 when it happened the first time. After being misdiagnosed and treated for such...

    Matthew’s Answer

    I think the impairment rating could be valid and could work against you. However, this is a very technical question. There is also law holding that if an impairment rating becomes final, the conditions rated are compensable. That could overturn the claim denial or make the insurance company back off from trying to stick you with the impairment rating you got. This is a general answer and the specifics may be different depending on the rest of the facts in your case that you didn't tell us about. I've attached a link to a video about impairment ratings for further info.

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  • What medical bills am I responsible for paying?

    Just received a bill from the hospital, should all tests and such be covered under worker's comp?

    Matthew’s Answer

    There are 2 possible issues here. One is that the hospital is billing you and shouldn't. If you file a complaint with the Texas Department of Insurance, the hospital can be fined up to $5,000 for doing so. That assumes the services were for the work injury. The second is that the injuries for which you were treated may not be covered under the workers' comp claim yet. That can be handled through a Benefit Review Conference. Either way, as long as you are pursuing those injuries as part of your workers' comp claim, then the hospital is prohibited from billing you. But you have already seen that what is supposed to happen doesn't always work that way. File the complaint and then have your case reviewed by a workers' comp attorney to make sure everything that needs to be covered is covered.

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  • What dos I need to do now

    I have two workman's comp cases from my employer that has left me with permanent damage. My first case, I wasn't aware that anything was reported or filed and they denied my claim. At the end of last year did I receive a number from an employee to...

    Matthew’s Answer

    An experienced workers' compensation attorney would need to sit down with you and go over the details and review any records that you already have about this case. I suggest you make an appointment to meet with one. The California lawyer that is referring people to the Office of Injured Employee Counsel is giving bad advice in my opinion. The Office of Injured Employee Counsel has been touting statistics showing that they are only winning 18% of the cases they handle. That's not good.

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  • How do I get compensation for my injuries?

    I have two workman's comp cases from my employer that has left me with permanent damage. My first case, I wasn't aware that anything was reported or filed and they denied my claim. At the end of last year did I receive a number from an employe...

    Matthew’s Answer

    When a claim is denied, the way to get that overturned is through a Benefit Review Conference, or BRC. I've attached a link below to an article that explains how to do that.

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  • Should workman's comp cover my mothers broken arm?

    My mother works as a dental hygienist and today while escorting a patient out of her operatory to the billing area, she tripped on an assistants chair, fell and broke her arm. Would the related medical bills and loss of wages be covered by workma...

    Matthew’s Answer

    Yes, this should be covered. I've provided a link below to help you get started filing a claim.

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