When you have reached Maximum Medical Improvement and receive an impairment rating that is 15% or higher, you may be entitled to received Supplemental Income Benefits. SIBS are paid out monthly, which is calculated by using your Average Weekly Wage … [Read more...]
Can I Lose My Job While I Am Out on Workers’ Comp?
In most circumstances, yes. Your employer may lay you off, terminate your employment, or place you on FMLA while you are off on workers’ compensation. Texas is an at-will state, therefore an employer may release you from their employment at will... … [Read more...]
Can I Sue My Employer For My Work Related injury?
Are there lump sum settlements under Texas Workers' Comp laws? Can I sue a subscribing employer for pain & suffering or future lost wages? The simple answer is NO. The Work Comp laws here in Texas took a drastic change in 1991. Any injuries sustained … [Read more...]
IS MY INJURY SEVERE ENOUGH TO REPORT?
Always always always report your injury! No matter how minor. A lot of people think, "Let me see if it will get better." This is the wrong idea. I have had clients get a scratch, and think nothing of it, until they are in the hospital weeks later due … [Read more...]
Are you eligible for mileage reimbursement for attending doctor’s appointments?
Going back and forth to your doctors' visit can take time and money for fuel. Especially when you have therapy, that meets 3, 4 sometimes 5 times a week! In some cases, Workers' Comp. will reimburse you for mileage for doctors visits that are further … [Read more...]
What are Compensable vs Non-compensable Injuries in a Workers’ Compensation Case
If you have an accepted workers' compensation claim, 'compensable injury' is something you need to know. If the insurance carrier acknowledges and accepts that you sustained a work-related injury, compensable injury is the actual injury that they … [Read more...]
Hurt at your Part-time job?
I have had many cases where my client was injured while at his/her part-time job, and due to the work restrictions, they can't work at their full-time job. What then? Well, there is a form for this: DWC 3ME. Where you were injured is the "claim … [Read more...]
Are you receiving the $895.00 Maximum Weekly Income Benefit Rate?
Very often the insurance carrier will pay based on a 40 hour work week, based on what they think your hourly rate is. Within 30 days of reporting your injury, your employer shall provide to the insurance carrier a form DWC -3 that indicates what your … [Read more...]
Did you receive workers’ compensation money benefits in 2015?
No worries! The money benefits are exempt from tax if they are paid under a workers' compensation act or statute. Any amounts you receive as workers' compensation for an occupational sickness or injury are fully exempt. If you return to work after … [Read more...]
Form DWC 48 Mileage Reimbursement
Yes, that is correct. You can be reimbursed for mileage to see your doctor, the insurance doctor, the state doctor or any referrals from any of these doctors, including therapy, diagnostics, etc. It must be 30 or more miles away…one way. You can … [Read more...]
So You Have an Appointment with the Devil?
Ok, so lets just call the "Devil" the Independent Medical Examiner or IME. The insurance carrier can request that you see one of their own chosen doctors once every 180 days OR after you have seen a Designated Doctor (DWC Appointed). Within all of … [Read more...]
Heavy on the Light Duty Status
As an injured worker, you can go in and out of periods of eligibility in receiving your workers' comp benefits. Specifically, lets look at when your doctor has indicated that you are able to perform some type of work, but with restrictions. … [Read more...]
