How do I file a lawsuit against the state of Texas?

Asked about 2 years ago - Houston, TX

My worker's comp benefits, and all medical care have ceased as the result of a private physician who has no affiliation with any firm made fraudulent accusations on a medical report. I later discovered that this doctor was accused of Medicaid/Medicare fraud in Texas in 2004 and now work independently for the dept. of worker's comp. division. I may not be a rocket scientist but something is not right about this picture. My claim was approved for a Traumatic Brain Injury on the job while teaching school and this so-called doctor found me medically fit to return to duty before I could see a neurologist and the insurance carrier allowed this to happen. I am an Army veteran and my life has been pure hell. I filed a complaint, but have not received an answer for the past 6 months.

Attorney answers (3)

  1. William Tyler Moore Jr

    Pro

    Contributor Level 19

    Answered . Did you find a lawyer to handle your comp claim? There are still some lawyers out there who do. After worker's comp was "reformed" in the early 90s, most of us quit doing that work. You likely need to appeal the determination. I suggest doing some internet research and finding lawyers in Houston who handle comp claims.

    I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you... more
  2. Don Karotkin

    Contributor Level 16

    Answered . You can sue the State of Texas, but you cannot win. The state is immune from liability under the doctrine of "sovereign immunity" with a few very limited exceptions. Your case does not fall within any of the exceptions.

    Rather than suing anyone, I suggest you address the merits of your workers' compensation claim in the proper legal fourm, assuming it is still open. To do this, you will need to hire a lawyer who has expertise workers' compensation law.

    Good luck.

  3. Orsen E. Paxton III

    Pro

    Contributor Level 18

    Answered . I'm still trying to figure out your first sentence. Worker's Comp claims are filed with the Texas Workforce Commission. You say you filed a "complaint". Do you mean a claim? It sounds like you filed a claim, received benefits, and they have expired.

    DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.

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