I was hurt on the job in October and have seen and been taken off work by a physician. The employer waited a few days before finally filing workers comp. I am not getting lost wages and I have kids to provide for. The claims adjuster thru the Hart...
In my experience, people get fired all the time because they got hurt and filed a claim. I've never had anyone come in and say they got fired for hiring a lawyer.See question
I have been on workers comp but they stopped my checks this month. I have depression now forgetfulness and I go to the wrong places to do things. I forget what I was thinking all Fay every day. Can you help me?
It sounds like you need to have a lawyer review your case. If benefits are ending, there may be an impairment rating with a deadline for taking action. You may also have an extent of injury issue if there are certain diagnoses, like depression, that are not being covered under your claim. If you still have significant problems from the injury, you don't want to lose your right to benefits if there is any way to extend them.See question
I received a 27% IR rating. I have just under four years remaining of SIB's eligibility. I am eligible to receive $579.00 weekly due to the high level of my pre-injury wages. After three years, I would prefer to rid myself of the Carrier and Te...
The textbook answer is Yes, in theory, the law allows you to settle out your future SIBs benefits. However, in reality, the DWC has taken a position that you can't do that, in violation of the law.See question
I was injured on the job, and denied medical attention for 6 months, and further injured myself working with injury. Resulting in surgery and 56 weeks no income.
I think it would be better to search for the best lawyer for a workplace injury case. It doesn't usually matter who the employer is. If you are in San Marcos, I would look in the San Antonio and Austin areas for the best lawyer you can find.See question
My husband just got released to return to work full duty. He went to his primary doctor on a Tuesday, who made notes for him to be able to return to work Friday. His employer said to return Monday to get going again. On Friday, my husband gave his...
Based on the facts as you presented them, it sounds like your husband was paid workers' comp benefits for a week that he was off work per his doctor. In that case, he should not owe the insurance company anything.See question
Hello my name is Kevin Jackson. I had a workmen's comp settlement from 14 years ago that included lifetime medical benefits, however, the medical benefits were cancelled four months later. I would like to know if anything can be done about this a...
Unfortunately, you can't trade your right to medical benefits for cash in Texas. However, you still have the right to all reasonable and necessary medical treatment that is related to the compensable injury. The way to go about this is to have your doctor request preauthorization from the insurance company for whatever treatment is needed at this time.See question
My mother in law was injured at work. She has been to the hospital and has documentation for all of the services performed. She has turned in the proper documents to her employer and yet he still has yet to file any information to corporate and wi...
You have 2 responsibilities when filing a claim. First, you must notify a supervisor with your employer within 30 days of the accident that you are injured as a result of something that happened on the job. Second, you must file form DWC-41 (Notice of Injury) with the Division of Workers' Compensation within one year of the date of injury. I've included a link below to more information on these subjects.See question
If you sustained any injuries, physical or mental, they may be covered under workers' comp. In order to figure out how to proceed, you will probably need to talk to a local attorney. They will need to figure out if your company has workers' comp insurance or not, what your injuries are, how they might be covered under a claim, etc. A claim would have to be filed at that point.See question
My employer laid me off too....what do I need to expect?
An impairment rating for a knee injury usually requires an examination that measures your range of motion in that knee. The doctor will ask you to move it in different directions and will then measure the degrees of motion you can attain and compare that to normal. The lost range of motion converts to an impairment percentage. The doctor may choose to base the impairment rating on the surgery you had instead of the range of motion measurements, but she should use the method that results in the highest impairment rating.
Impairment ratings are expressed as a percentage of impairment to your whole person. Knee impairments are often low, somewhere between no impairment and 8% or so. The fact that you had surgery will get you some points so if you get a zero impairment rating you will know to contact a lawyer immediately.
You will get impairment income benefits based on the rating. For every percentage of impairment you will get 3 weeks of benefits. So, a 5% impairment rating will result in 15 weeks of benefits. These benefits are payable beginning on the date selected as the maximum medical improvement date. This is the date after which there is no longer any expectation of further material recovery - usually the last of any real treatment.
You only have 90 days to dispute your first impairment rating so you will need to consult an attorney immediately after getting the report. There are two things to consider - whether the maximum medical improvement date is accurate and whether or not the impairment rating is accurate.
I've provided a link below to more info on impairment ratings and what to do about them.See question
i fell at work in 9-14-10 had a impairment rating of 6% and never got paid. the treating dr. for work never signed the paper work. but i had witnesses so can any body help are tell me if i just leave it alone? thank you
I represent injured workers in Dallas and Fort Worth and will review cases like yours for free. I'd have to take a look at your records to give you any advice about how to proceed. There are just too many variables to guess at it based on the information provided.See question