My neck injured at work last year. I claimed and got surgery. Workers comp says my injury was not work related after 1 year.

Last year My neck got injured at work, I claimed and workers comp took care of every thing. But now after 1 year I've received a mail from them that says: My injury was not work related and it was pre-existing condition. I was working on computer for hours while my desk was not good for me,(Company did evaluate that and confirmed it) . They did not say anything else. What does this mean and what I should do?

Dallas, TX -

Attorney Answers (2)

George Pablo Escobedo

George Pablo Escobedo

Workers' Compensation Lawyer - San Antonio, TX
Answered

In Texas, workers' comp insurance companies can do that---doesn't mean it's right or ethical,--- but they do it in some cases. If they initially accepted your case then denied it, I would call the adjuster and ask why they denied it, perhaps through "newly discovered" information,? If you're still in need of medical care to your neck, you would have to fight this through the Division of Workers' Compensation (DWC). As such, call the DWC at (214) 350-9299 or call a local attorney for assistance, such as attorney Kay Goggin at 972-437-1965 or attorney Matt Lewis at 972-644-1111. Good luck.

Jason D. Mills

Jason D. Mills

Workers' Compensation Lawyer - Las Vegas, NV
Answered

Contact a TX work comp attorney without delay. In my state (NV) comp insurers can be equitably estopped from raising this issue subsequent to acceptance. Discuss with a TX attorney to ascertain what can be done to fight back.

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