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Workers comp is not paying my benefits.

Irving, TX |

I was injured at work ( Dallas / Tx) and filed a worker comp claim (Zurich insurance). I had a major neck surgery due to that injury and after 6 month I am back to work part time (6 h/day)
1- should works man comp send me a W2 form for my tax claim? ( They told me they will not)
2- my employer is just paying me 6 h/day salary. Should workers comp pay for the rest?
3- should I hire a lawyer to claim my salary?
Thanks

Attorney Answers 5


  1. Best answer

    The benefits you are getting are not taxable, so you will not need a W2 or any other tax form from Zurich.

    You are owed benefits for the wages that you are continuing to lose. The workers' comp insurance has to pay you 70% of the difference between what you are making now and what you were making before you got hurt (average weekly wage). You will most likely need to go to a hearing to force the payment of these benefits. Therefore, you will most likely need to contact a lawyer. The insurance carrier will have a lawyer present at the hearing. You will not want to be without one yourself.


  2. I'm NOT licensed in Texas, but I REALLY like the Texas Workers Comp Division website (click the link below to get there).

    Friends in Texas were able to muddle through with that Office of Employee Counsel.

    Normally I suggest getting counsel, but this time I'd suggest contacting the Office of Employee Counsel to see if they can go get that missing 8 hours/week... Zurich is SUPER NASTY. Be prepared for a ridiculous fight!

    You don't get a W2 because Temporary Disability is not a 'taxable event'. It isn't wages for earnings. Temporary Disability payments are a partial payback of a loss. You don't need to include TTD payments in your taxable income.


  3. Nancy gives good advice. Depending on what you do, the 6 hours may still pay you more than the maximum Temp Disability benefit, but I don't know the limits out there. That potential may exist when you talk to the Employee Advocates in TX.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.


  4. Workers' Comp lawyers will usually give you a free initial consultation. Take your paperwork in with you and see a local work comp lawyer for a free consultation. That way you can get some specific legal advice about your situation and will not have to rely on advice on the internet from folks who do not know all the relevant facts or law.

    This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.


  5. I am NOT licensed in TX but I practice in Workers' Compensation Court regularly in Rhode Island and Massachusetts.
    Generally speaking the insurance company claim representative does NOT work for you, they work for the insurance company.
    The claim representatives are also usually trained by defense firm attorneys. When I was an associate at Morrison Mahoney LLP, I was one of the attorneys that would help train claim representatives.
    I agree with the attorneys posting here that you should seek a local attorney who regularly practices in great state of Texas. Good luck to you.

    The opinion above should not be interpreted to be legal advice but rather an opinion. Attorney / Client relationship is not being established by the comments contained above.

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