WC has made excuses about why they haven't paid my remaining balance. It has been over 6 months, and my attorney says they are delaying. What are my options? Can i take them to small claims court on my own?
Are you talking about your Impairment Income Benefits? If so, it is very uncommon for the insurance carrier not to pay the full amount. They frequently get audited by the Texas Department of Insurance; who will charge them with a violation for not paying benefits according to the Act.
Did the impairment certification come from a designated doctor, your treating doctor (or referral) or a post DD RME? Talk to your attorney to see if there are competing certifications that need to be resolved at a hearing. Good luck.See question
Spouse was maintenance tech working on a conveyor belt system. While working on the belt, the conveyor turned on or was turned on by a peer (not completely clear). There were 2 "serious" violations cited by OSHA, one being around the lockout/tag...
Sorry to hear about your spouse. If your spouses employer was a subscriber to the Texas Workers' Compensation system, they would be protected from normal negligence claims. However, the statute does not protect them from gross negligence resulting in death. Since the employer was given OSHA violations for the faulty equipment, you definitely need to consult with a workers compensation attorney.
Good luck and I'm sorry to hear about your loss.See question
I drive/unload trucks. I had ongoing wrist/palm pain. Date unknown when it started. Continued working. 1st treating doctor x-rayed it and diagnosed it as tendinitis on 12/19/2016, was told if it don't get better to see my my Family doctor for furt...
I agree with the other answers that you should attempt to use your personal insurance to get medical treatment. If it is denied by your health insurance carrier, you can provide the denial information from your workers' compensation carrier.
In reference to your injury, you need to have the doctors determine if it occurred as a result of your job duties or just the natural aging process. I would suggest that you use a doctor who practices in the workers' compensation field. If your doctor feels that it is work related, you will likely need to go through the hearing process to resolve it.See question
Got bit by spider on leg while sleeping in crew quarter told supervisor and he advised safety which determined it was not work related and told me that I could seek medical attention by my self which I did and company put me on short term disabili...
Your employer can not make a determination if you have a compensable injury. If your employer is a subscriber to the Texas Workers' Compensation system you need to file a first report of injury. It will be sent to the insurance carrier.
The insurance carrier can accept of deny the claim. If it is accepted, your medical expenses should be covered and you can receive benefits for lost time. If your claim is denied, you can request a Benefit Review Conference to dispute their determination.See question
I have an open/active workers comp case for my job at the USPS. I have been out of work since JAN. 2003. They want $3000. back due to a mistake OWCP claims was made by them in 2003. I completed a form months ago with my information showing I can ...
You need an attorney who handles Federal claims. Check with your union to see who they would suggest. There are only a handful of attorneys across the US that assist with Federal Workers' Compensation claims.See question
I was injured at our closest Wal-Mart when shopping. The injury was due to improperly stacked merchandise. I filed a report immediately and filled out all paperwork. I was informed that I would receive a call from claims, never happened. It ha...
Walmart is considered a non-subscriber to the Texas Workers' Compensation system. They have an alternative plan to deal with their employee's injuries. This plan is horrible for their workers. You are entitled to care under the plan.
However, since they are a non-subscriber, they are open to lawsuits for negligence in causing your injuries. You need to consult with an attorney asap.See question
Female Sino-American degreed finance professional working for a global IT giant. I have been with the same employer for 9y, witnessed how the "industry trend" have brought in m&a and waves of layoffs. First the workforce leaned towards temp worker...
Workers' Compensation is for work related injuries. You question would be better addressed by an employment or labor attorneySee question
I was working for HEB and was injured, I have been out of work for 56 weeks,without compensation, and just had surgery. And will not be able to work for another 6 months.
In Texas, HEB is considered a non-subscriber. That means work related injuries do not follow the Texas Workers' Compensation system. They utilize their ERISA plan to cover work related injuries. However, by doing this, they may be sued if they were negligent in causing your injuries.
We need to know how your injury occurred to see how your claim should be handled.See question
My husband lost 3weeks due to a work injury. We recieved payment directly from workmans comp. now his employer Is saying that all of his PTO time has been used up. Why did it come from PTO for a work related injury. Can this be fought?
Unfortunately your employer can require you to use your Personal Time Off (PTO) when your pursuing disability. However, Temporary Income Benefits (TIBs) are generally paid at 70% of your Average Weekly Wage (AWW), and I assume your PTO is at full salary. If they are trying to take credit, they need to pay any difference.See question
This past Tues the 23rd, I took my employer the results of an x-ray which showed the cause of my pain and lack of strength and mobility in both my arms and legs due to a pinched nerve. However, they said with an MRI they'd be able to pinpoint the ...
You need to speak with an attorney before you sign anything. In Texas employers may elect not to be subscribers to the Texas Workers' Compensation system. First, you need a medical opinion as to what caused your disc problems. Next, you need to find what type of insurance your employer carries. Finally, you need to determine how best to proceed with your claim.
You need to understand that there are time constraints on handling your claim. Make sure you handle this asap.See question