Skip to main content
Daniel L. Morris
Avvo
Pro

Daniel Morris’s Answers

459 total


  • Do I have a law suit

    I was at work and some pallet 4 high fell down and it me in the back and I went to they dr and they put me on lite Duty but my back is in a lot of pain and can they fire me if I sue them

    Daniel’s Answer

    As explained by Mr. Rodriguez, it will depend upon the type of workers' compensation insurance your employer has. Employers who are not subscribers may be sued for acts of negligence. But, employers who are subscribers to the Texas Workers' Compensation system are protected from suits for negligence.

    If your employer fires you for pursuing a workers' compensation claim, you may have a wrongful termination claim under Texas Labor Code §451. Additionally, if your accident was caused by the negligence of party not related to your employer, you may have a claim against them.

    See question 
  • Can I receive the compensation money from my husband's company?

    My husband passed away in sudden at home 2 months ago. The cause of his death was Ischemic Heart Disease with acute myocardial infarction, but he didn't have any other disease that was related to it and he was very healthy, young, and non smoker. ...

    Daniel’s Answer

    From the information provided, your husband's blood flow was restricted. As a result parts of his body were not getting enough oxygen. This caused him to have a heart attack. You've provided information that he died suddenly at home.

    I understand that he had paralysis in both arms from what a doctor stated came from his work. But, how did this cause this heart attack or even the clogging of his arteries or veins? You are going to need a medical provider to relate his death to his job duties. You will need to explain how his job exposed him to a greater risk than the ordinary public.

    From the information provided I don't see that there is a claim against his employer. You and his children may be entitled to receive his social security benefits.

    See question 
  • Can I sue my employer sue my employer or risk management dept for taking 22 days for MRI approval?

    I was injured at work my slipping over a hazardous doormat. Immediately workers com clinic given pain killers and done XRAY. However, after 2 weeks of no reduced swelling or pain the DOC suggested MRI but claims departed took 22 days to approve it...

    Daniel’s Answer

    If your employer is a subscriber to the Texas Workers' Compensation system, they are protected from claims of negligence (except gross negiligence resulting in death). If you feel that the adjuster acted in bad faith by taking 22 days to approve a MRI, you can turn them in to the Texas Department of Insurance (TDI). TDI will investigate and determine if there was a violation.

    See question 
  • What do we need to know to ensure he gets treated fairly and the offer they make is what he is entitled to?

    My son had 1/2 of his (L) index finger amputated in an accident at his work place. After several weeks of PT and Dr. visits it was determined he would need the entire finger removed. By then there was damage to his hand as well caused by a tendon ...

    Daniel’s Answer

    To answer your question properly, we need to know who your son's employer is. There are a few different possibilities as to the type of workers compensation that would cover his claim. Most employers in Texas are subscribers to the Texas Workers' Compensation system. If that is the case for your son's claim, he will be given an impairment rating per the 4th Ed. of the AMA Guides to Permanent Impairments. This number will be multiplied by three and then he will received that many weeks of impairment Income Benefits.

    His employer could be a non-subscriber to the Texas system. If so, it will be handled under his employer's ERISA plan. If this is the case, your son may have a claim for negilence against his employer (if they were negligent and were a producing cause of his injuries).

    Federal employees claims are handled under the Federal Workers' Compensation system. Finally, it could be a longshoreman, Defense Base Act or maritime claim. All of which are handled differently. If his accident was caused by someone other than his employer or their agents/employees, he may have a third party claim.

    See question 
  • Why is my lawyer taking forever to get me a settlement?

    Why?! I fell at work about 2 years ago, had surgery on left knee,Torn meniscus. Reached MMI I got a lawyer because WC didn't want to pay lump sum amount. So got a lawyer, thought he was going to be helpful, come to find out he left to another ...

    Daniel’s Answer

    • Selected as best answer

    You stated that you reached MMI, which means that you reached Maximum Medical Improvement. When this happened, you should have received an impairment rating (IR). Your impairment rating should have been multiplied by three and you should have received Impairment Income Benefits for that number of weeks. If you disagreed with the finding of MMI and IR, you should have disputed the certification within 90 days of your receipt of the certification.

    As pointed out above, you generally do not have a right to sue your employer under the Texas Workers' Compensation system. If your injury was caused by the negligence of a third party (someone not controlled by your employer), you have the right to sue that person or company for damages. If you believe that you were discriminated against or terminated by your employer for pursuing your workers' compensation claim, you may have a claim under Texas Labor Code §451.

    You need to talk to your attorney to confirm that you both understand what your rights are and how best to handle your claim. Good luck.

    See question 
  • How long do u have to get another lawyer to fight for u if u lost your case on workmen comp case

    I was hurt at work on 7/17/2012

    Daniel’s Answer

    We need more information to be able to properly answer your question. If you went to a Benefit Contest Case Hearing (CCH) you have a limited time to appeal the findings of the Hearing Officer. If an appeal was done, and has been decided by the appeals panel, you have a limited time to ask for judicial review in a district court.

    However, depending upon the status of your case, you may still need the assistance of a workers' compensation attorney to deal with any remaining issues.

    See question 
  • How can I add my statement to report? And whose fault it will be?

    I was taking left at intersection, it was green signal but not arrow, I yeilded and see car was coming but it was far enough to make me left turn. So I took left but car hit me frim side. It's speed was around 50-55 in speed limit of 30. So whose ...

    Daniel’s Answer

    The accident is likely to find you at fault. You need to contact the investigator to amend your statement.

    See question 
  • See Above

    I injured my right shoulder in December 2015. It happened on the job. I had surgery 2-5-16. WC paid for my surgery, but were denying me compensation. As I was not getting any income, and didn't want to lose my home or car, I took a temporary PT j...

    Daniel’s Answer

    You must report your income. However, part of this will depend upon your pre-injury income. You may want to consult with an attorney about it.

    See question 
  • I need some one who can put pressure on the insurance companies to get my wages

    I got hurt at work and it took 5 months and the insurance company finally accepted the claim,but I have not received payment yet. I can't work with a herniated back injury. Now the insurance company is claiming they don't have have any medical inf...

    Daniel’s Answer

    You need to hire a local attorney. The attorney can help speed up the process with the insurance company. You need to make sure that they have accepted your herniated disc and your disability.

    Your attorney can file a DWC-45 to request a Benefit Review Conference regarding any issues in dispute. They will also confirm that you a paid the proper benefit amount.

    See question 
  • Can I sue for personal injury and extended pain.

    I injured my back bumping around in an electric company truck . when I ask to be off for a doctors appointment ,they said take off and you will not have a job. I did go to a doctor and I have been going for three years in mortal pain. I just fo...

    Daniel’s Answer

    You will need to provide a little more information regarding your claim to give a clearer picture of what happened to you. In Texas employers may elect to subscribe to the Texas Workers' Compensation system or they may be non-subscribers to the system. If your employer is a subscriber, the general rule is that you have one year to file an injury claim (DWC-41).

    If your employer is a non-subscriber you need to look at their ERISA policy. You may also sue your employer for negligence (two year statute of limitations).

    You need to consult with an attorney to see what your options are. Good luck.

    See question