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News Wrongful Termination, Workers' Compensation and Work Injuries

What do you mean my employer does not carry Texas Workers' Compensation?

Written by Mr. Roger Davie on Wednesday, 13 Jul 2016.

What do you mean my employer does not carry Texas Workers' Compensation? Texas is one of the only states where your employer does not have to carry Texas Workers' Compensation.  Your employer could have their "own plan" or no coverage at all.  For most employers it is almost impossible to determine if their employer has Texas Workers' Compensation.  Usually they have a work injury and they ask to file a claim.  If their employer has their own plan then the employe [read more]

Why is Texas Workers' Compensation so unfair to Texas Workers?

Written by Mr. Roger Davie on Sunday, 26 Jun 2016.

If you are an injured worker in Texas and employer carries workers' compensation insurance you have probably noticed how unfair you have been treated by your worker compensation insurance company.  Your medical procedures have probably been denied or delayed.  You have been told that the Insurance Company disputes that your injuries are related to your work accident.  Many of you who had a back injury at work have probably been told that your injuries are not related [read more]

You are hurt at work; Workers' Compensation won't approve your medical treatment and your employer says they can't keep you job open. What are your options?

Written by Mr. Roger Davie on Wednesday, 22 Jun 2016.

You are hurt at work; Workers' Compensation won't approve your medical treatment and your employer says they can't keep you job open. What are your options? Texas Workers' Compensation is really bad.  If someone is injured at work and files a workers' compensation claim in Texas  they believe that they will be treated fairly and that their medical bills will be paid and that their treatment will be approved in a timely manner.  This could not be further from the [read more]

Can a employer require a salaried employee to clock in and out? Can a salaried employee's pay be docked?

Written by Mr. Roger Davie on Tuesday, 31 May 2016.

The short answer to both questions is yes, they can, but to do so can be very dangerous.  If an employer starts paying a salaried employee more when they work more then that employee may have just been treated as an hourly employee.  When an employees wages vary depending upon the number of hours worked in the payroll week, the employer is treating the employee as an hourly employee (non-exempt). When an employer treats an employee as  hourly (non-exempt), they becom [read more]

​Did you know that it can be a Felony for an insurance adjuster to fraudulently deny your workers' compensation benefits?

Written by Mr. Roger Davie on Wednesday, 25 May 2016.

Did you know that it can be a Felony for an insurance adjuster to fraudulently deny your workers' compensation benefits? The Texas Labor code states that if anyone makes a false or misleading statement, misrepresents or conceals a material fact, fabricates, alters, conceals, or destroys a document (other than a government document which is covered by other laws) can be guilty of a felony if the benefits being sought are greater than $1,500.00. The one that is most interesting to me [read more]

What are the rights of injured workers in Texas if their employer has their own injury plan and not Texas Workers' Compensation Insurance?

Written by Mr. Roger Davie on Wednesday, 18 May 2016.

The story is always the same -- a worker is injured and is sent to the company doctor who tells them their injury is not so bad and they can return to work.  It seems unfair because the injury is real and the pain severe.  The injured worker wants to get better medical care but is told that the only doctor they can see is the one chosen by their employer because the company has its own work injury plan and does not have Texas Workers' Compensation Insurance?   What can [read more]

Salary employees must be paid $47,476 or have to be paid hourly and receive overtime.

Written by Mr. Roger Davie on Tuesday, 17 May 2016.

This change in the law will have huge impact on El Paso employers who classify Worker's as salary and not hourly. Overtime laws will effect many. CBS news made the following statement:The Department of Labor on Wednesday will finalize a rule extending overtime protections to 4.2 million more Americans currently not eligible under federal law, boosting wages by $12 billion over the next 10 years, the White House said Tuesday evening. The updated rule, which takes effect Dec [read more]

Fired and Injured workers and those with a past felony conviction are forever to act as Human Guinea Pigs

Written by Mr. Roger Davie on Sunday, 08 May 2016.

I have written how hard it is for those convicted of felonies to find employment. A recent article sheds light on the plight of these individuals. The article sheds light on the number of disenfranchised persons who can't find employment and are left with little choice but to participate as human Guinea pigs in drug tests. What I thought was interesting is the number of Hispanic's in the southwest who are involved in these studies. These are mostly individuals who can't find employm [read more]

Workplace injuries? Can you make a claim for your damages?

Written by Mr. Roger Davie on Sunday, 08 May 2016.

If you have been injured in the workplace, you've probably been told that the only compensation you can receive will come from your employer's workers' compensation insurance.  That is because in most states and in Texas, if your employer carries workers' compensation insurance you are barred from suing or obtaining damages against your employer, even if your employer's negligence was the cause of your injuries.  For example if you are run over by a forklift at work becau [read more]

Getting a Job with a Felony Conviction -- Tagged for Life?

Written by Mr. Roger Davie on Thursday, 05 May 2016.

In 2010 it was estimated that 1 in 12 persons residing in America have a felony conviction.  For these individuals it becomes extremely difficult to find and keep employment.  In El Paso, I see people every year who get fired when their employer finds that they have a felony conviction.  This is true even they disclosed the conviction when they are hired.  Unfortunately, the convictions effect men and monorities at a much higher rate.  In Fact it has been estima [read more]