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S. Michael Graham

S. Graham’s Answers

513 total


  • Can I sue Walmart for this?

    S.’s Answer

    I have switched your question to Labor and Employment section. You question would be better answered by an employment lawyer. Workers' comp deals with employees who have been injured on the job due to a work related injury.

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  • Can I file a claim against my employer if I broke my leg while I was out of state working for them ?

    S.’s Answer

    If your employer carries workers' compensation through the State of Texas, you can make a claim for workers' compensation. If your employer carries workers' compensation, you will not be able to sue your employer. You should consult with a qualified workers' compensation attorney to learn about your legal rights and responsibilities.

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  • Is it legal for my employer to ask for my diagnosis if I’m out of work Ill as long a I get a release from a physician ?

    S.’s Answer

    Your employer can ask you just about anything they want to. They can't, however, compel an answer legally. Generally your health is a private matter. Generally they are asking to gauge how long you might be off work and if you might have some sort of restrictions. If you want to play hard ball with your employer you can probably expect they will give you the same treatment in return. With that said, if something is of a very confidential nature, you wouldn't need to get specific with the diagnosis.

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  • Can you get fired after having wreck performing work duties in company car.

    S.’s Answer

    If you were injured and your employer has purchased a policy of workers' compensation, then you would be able to receive treatment for your injuries. If you can't work full duty, then you may also be entitled to off-work benefits from the workers' compensation carrier. I would advise you to consult with a qualified workers' compensation attorney to learn more about your legal rights and obligations.

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  • Can I lose my job if I was exposed to hazardous chemical and my employer will not accept my Workman's Compensation restrictions?

    S.’s Answer

    It is possible that the company may be able to terminate your position if you are not able to return to work safely. However, you may be entitled to receive off work income benefits from your employers' workers compensation carrier.

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  • What to do is I can't work any longer ?

    S.’s Answer

    I agree with the previous two answers. I would strongly recommend you to contact a qualified workers' compensation attorney to learn about qualifying for additional income benefits.

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  • Can an employer terminate an employee with injury from non-fault car accident?

    S.’s Answer

    If your mother sustained the car accident while at work, she could claim workers' compensation benefits. If she was not at work she could not. Your questions deals with whether or not the employer would have to accommodate her work restrictions and that is a question for a labor and employment attorney. I have moved your question to that section.

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  • What do a 17% impairment rating means for your hand

    S.’s Answer

    The 17% will entitle you to an additional 51 weeks of Impairment Income Benefits. However, if you are not able to earn 80% of your preinjury wages due to your injury, then you may qualify for additional income benefits for up to 401 weeks from your date of injury. These are called Supplemental Income Benefits. I would advise you to consult with a qualified workers' compensation attorney, if you feel you may need these additional income benefits.

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  • Can a state job in Texas require outdoor workers to wear masks in high temperatures doing physical labor?

    S.’s Answer

    I believe the employer can require you to wear masks. Of course, you are free to quit and find another job.

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  • Can I sue Workman's compensation for non-performance?

    S.’s Answer

    This is the typical way Texas Mutual handles their workers' compensation claims. You do have the right to hire a competent workers' compensation attorney to assist you. There are other things you can do besides just going to a state selected doctor. My advice is to get a good attorney to represent you.

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