this is a guest post from another law firm our of state. How Can A Personal Injury Lawyer Help Me? If you or a loved one have been injured in an accident that was caused by another person’s negligence, such as being on a bicycle and getting hit by a car, it may be necessary …
If I sue a third-party do I have to pay back the workers’ compensation carrier? Read More »
This has been a disputed area of the law for some time. Health insurance companies generally want to get paid back for the medical bills they paid before your get any money. Unfortunately the Texas Supreme Court in Fortis Benefits v. Cantu,234 S.W.3d 642, (Tex 2007) gave insurance carries the right to obtain money from …
Do you have to pay back your insurance company for the medical bills it paid? Read More »
This would depend on the type of workers’ compensation benefits you are getting. The most important thing is to be open and honest with unemployment and workers’ compensation. Call them and let them know what other benefits you are receiving. Generally you cannot collect income or workers’ compensation benefits at the same time as you …
Can I get unemployment benefits and workers’ compensation at the same time? Read More »
In Texas and New Mexico if your employer does carry Workers’ Compensation then you can usually not sue your employer for your injuries. Your sole remedy is workers’ compensation. Even if you can prove that your employer’s negligence caused the injury you will generally not be able to sue your employer if they carried Texas …
How does Workers’ Compensation affect my rights? Read More »
If you are really an independent contractor then you can still sue the company or person you work for if you can prove that they were negligent for causing your injury. If you were not really an independent contractor but should have been classified as an employee then you may be able to sue your …
I am an independent contractor. What are my rights if I am injured on the job? Read More »
Call Mr. Roger Davie, if he may be able to advise you on what steps to take to preserve your workers’ compensation claim. If Mr. Roger Davie cannot help you he may be able to refer you to someone who can help you.
Many employers do not purchase Texas Workers’ Compensation but do have their own health and injury plan. If that is true, you may be able to still sue your employer. It is very important that you do not sign anything related to this injury plan until you seek legal advice. Some employers will send you …
This answer depends on the types of workers’ compensation payments you are getting. I always advise my clients to let the workers’ compensation carrier know that you are working. Being honest and forthright will help you stay out of trouble and in some instances out of jail.
Texas, unlike most states does not require an employer to have Workers’ Compensation. However if they do not have Workers’ Compensation you may be able to sue your employer for your injuries if you can prove the employer was negligent in causing your injury. Also your employer cannot use your negligence as a defense for …
Employer does not have Workers’ Compensation. What are my rights? Read More »
Many employers require you to sign an arbitration agreement or have one in their employment manual. As a general rule these agreements require that if you have a claim you must go to a third party (arbitrator) instead of going to court. These agreements are generally legal and binding but there are exceptions to this …