Was injured on job workers comp dragged their time job fired me cause I could not return to work at 100 percent said I used up my flma and was fired through no fault of my own. Now workers comp doing evaluation and from what they have said its TFB for me
If you're being evaluated to determine whether you are at maximum medical improvement then I would suggest you speak to an attorney as soon as possible. When you are placed at maximum medical improvement, it starts a very limited time line in which you can dispute. If you don't dispute it may mean that your payments will be stopped and you may never get them started once again.
The answering of this question does not constitute a attorney-client relationship. Further by answering this question the attorney has not agreed to represent inquisitor.
You will continue to have a Worker's Compensation case even if you are no longer employed with your company. You also will have lifetime medical benefits for the rest of your life for whatever injuries they have excepted.Company can are put you on FMLA and basically say that they're going to let you go and feel free to come back and reapply when you're hundred percent better. Is my guess.
I am not sure what "TFB" means, but I have an idea. Sorry they are treating you this way. How many employees does your employer have (FMLA question) and have you been released to perform any type of work that your employer could make concessions, thereby allowing you to keep your job by the employer providing reasonable accommodations to you? You would be eligible for unemployment when you released to return to work because the loss of your job was not your fault. As the other lawyer said your most pressing problem will likely be the insurance carrier (IC) requesting you be examined to certify you at MMI/IR. If the doctor indicates you are at MMI (maximum medical improvement) you may also be assigned an impairment rating (IR). You get 3 weeks of impairment income benefits (IIBs) for each percentage point of IR. For example if you're given a 10 % IR, you may (I say may because the IC can contest either MMI or IR) be entitled to 30 weeks of IIBs. Your first verified (green card) written notice of a doctor's certification of MMI/IR must be contested within 90 days or it becomes final, except in limited circumstances. I am sorry you and your family are having to deal with the WC system, it can be very frustrating. You really should speak with a lawyer to determine what options may be available to you. If you have to go to a CCH to resolve your case you will regret not having an attorney well versed in Texas WC law because YOU will be the lone person in the room that does not make your living on WC. The hearing officer (HO), adjuster, attorney for the IC and anyone else not called just to be a witness make their living on WC. You do not want to be in that room without representation. You can get free help from DWC, they will assign an ombudsman to "assist you" but make no mistake they do not represent you. They owe you no duty and DWC does not hold them accountable if they mess up. The IC could even call the ombuddy as a witness and ask he ombuddy what you have discussed with them prior to the CCH because the ombuddy does not represent you so there is no legal privilege to protect your communications. Do not mistake what I am saying, their are many fine ombudsmen at DWC, but even the DWC statistics prove injured workers (IW) (I refuse to call IWs "claimants" because that term is defined in the dictionary as "pretenders") prevail more often with an attorney.
During the BRC and CCH the professional will toss around terms like TIBs, AWW, DD. CCH, HOs and BROs MMI/IR, AMA Guides, medical review and other acronyms that will have your head spinning.
Also keep in mind, even if you're receiving IIBs payments you may be still be entitled to unemployment benefits because IIBs are payments for your permanent impairment (damage to your body) and NOT wage replacement. Best of luck on your case. As well if you have to travel more than 30 miles one way to attend medical providers you may be entitled to mileage (about .56 cent a mile last time I checked). Good luck on your case and I hope it all works out for you.
I am hopeful my answer is "HELPFUL" and/or a "BEST ANSWER?" If so, I would appreciate you for noting same. Thank you. The information contained herein is not to be construed as legal advice. The questioner should seek independent legal advice from a qualified attorney after establishing a proper business relationship. My answer is not intended to answer specific details on a particular claim, but rather give a general outline of some of the procedures an injured worker may encounter. The information is only for education and not intended to create legal representative of anyone.
I think you have been given some good general advice by the other responding attorneys. As attorneys, its very difficult to respond to your questions in written form. If you still have questions, I suggest to call an attorney.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline