Texas Workers Compensation Legal Questions

FMLA and workers' compensation are two completely different things.  FMLA is unpaid leave for certain specific health conditions.  This can include a work-related injury, but usually is an other health condition, and may be a health condition of another member of your family. Workers' compensation pays medical expenses, temporary income benefits (TIBs), and impairment income benefits (IIBs) caused by a work-related injury.  If your health care provider has not released you to return to work after a work-related injury, your employer cannot terminate you.  If your health care provider has released you to return to work without restrictions after a work-related injury, your employer can only terminate you if you fail to report to work.  ... Read More

Unfortunately for injured workers, a company can fight a claim for workers’ compensation and often does, even in situations where the cause of the injury can seem clear.  It’s important to understand that an injured worker must be prepared to “prove” to a Workers’ Compensation Judge how the injury occurred, that the injury occurred in the course and scope of the employment, and that the injury resulted in medical treatment and/or lost wages.  This situation is obviously made much easier by dealing with an experienced attorney.A company cannot fire an employee in retaliation for bringing a workers’ compensation claim but companies are skilled at finding other reasons to terminate an employee.  Texas is an at-will employment state and in most cases an employer does not need a good reason to terminate an employee. That being said, if you are terminated while pursuing a claim for workers’ compensation benefits, your case could actually be HELPED by being terminate from the job. For additional information read our article on the mistakes that workers make when filing a Workers' Comp Claim.... Read More

Generally no but it would definitely depend on the circumstances. Under Pennsylvania Workers’ Compensation law, injuries that occur while commuting to and from work are not compensable. However, if the accident occurred while still on the employer’s premises, you may have a claim for workers’ compensation benefits. For additional information read "How do I know if I am covered for Pennsylvania Workers' Compensation?"... Read More

You will definitely want to hire a lawyer if things are starting to get denied.  While ombudsman are available, they are typically customer service reps that don't have the professional knowledge and experience to handle a case like a lawyer will.  You can read my article on why it's not best to use an ombudsman for a texas workers' compensation case. In San Antonio, I would contact John Davis at 210-732-1062 or Alan Tysinger at 210-446-0743 for help.   Matt Lewis www.dallasworkcomp.com... Read More

You can get your own doctor to do it if that is what you want, but there must be a referral from the treating doctor to the impairment rating doctor or the impairment rating will not be valid and will not be adopted.  I help people get to the right impairment rating doctor all the time.  Let me know if you need help.... Read More