Texas Workers Compensation Law Blog

Insight on Texas workers’ compensation law for injured workers

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In a memorandum opinion today, the Amarillo Court of Appeals ruled in favor of a woman who lost her son in a tragic on-the-job injury. The case, Texas Mutual Insurance Company vs. Rosa Mendez, Case Number 07-19-00087-CV, involved a worker at a plant that made sand used in fracking. The mechanism that transported product into a large, industrial blender was broken and the injured worker and another coworker were ordered to climb up, fifteen feet…
In the wake of 9/11, the Texas Legislature took steps to recognize the difficulties firefighters and emergency medical technicians have in proving work-related cancer. As a result, the Texas Legislature passed what is known as the “Cancer Presumption” or Section 607.055 of the Texas Government Code, which states that if a firefighter or EMT suffers from cancer resulting in death or partial disability, that cancer is presumed to be in the course and scope of…
Take a look at this link from Houston’s ABC affiliate, KTRK’s investigative report. A police officer shot in the line of duty and years later he cannot get medical care. It is sensational because it is a police officer who is fighting to get medical care approved but his experience is no different than workers in any other field. The Texas Workers Compensation system was passed by a legislature that promised lifetime medical care but…
https://www.youtube.com/embed/P6Ogwdho2jE I got drug tested after I got hurt and tested positive. What do I do now? If you test positive for drugs or alcohol after getting hurt at work, the insurance company does not have to pay you any worker’s compensation benefits. You have to prove that you were sober at the time of your injury. You have to prove that you had, in legal terms, the normal use of your mental and physical…
https://www.youtube.com/embed/gNZxYmFnMcA How does workers comp affect my health insurance? When you’re injured on the job and your employer provides health insurance, oftentimes people are worried what happens if I lose my job, how’s that going to affect my health insurance? If you’re injured on the job and your employer provides health insurance and you’re worried about losing your job, your employer has to continue paying for your health insurance premiums. If your employer decides to…
https://www.youtube.com/embed/BBNsoOZv2Bs I was in a car wreck while on the job. Is it better to have a workers comp lawyer handle everything? When someone’s in a car wreck, that happens while they’re also working on the job, one of the things they’re concerned about is, do I need to get two lawyers? One lawyer to handle the car wreck and one lawyer to handle the worker’s comp part of the case. When you have a…
https://www.youtube.com/embed/gCknSR0BgdQ What happens if I find a new job while on workers comp? In the state of Texas, they put a very, very high premium on people getting back to work as soon as possible. We have seen that when people return back to work as soon as possible, they actually have increased outcomes on workers comp and in our office, we certainly want you to have the best outcome possible and we want you…
https://youtu.be/X9xXsCRPeD4 Do I have to go to court to get workers comp? Most people are afraid to follower workers comp claim because I think that if they do they’re going to have to go to court and fight in court to get workers comp. Very few cases actually end up in court on a worker’s comp case. Whenever you get injured on the job, you follow your claim for compensation, then the insurance company will…
https://youtu.be/VVOGATjnNJM Why is it so hard to get my surgery approved? One of the biggest problems people have with workers compensation is getting their surgeries approved. It’s a continual problem because, in Texas, the insurance company uses a one size fits all approach to medical care. They use a book called The Occupational Disability Guidelines. Your doctor has to go by the treatment protocols that are in that book. It means that your medical care…