Workers Compensation in Texas

Workers Compensation in Texas

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My Workers' Compensation Claim was denied what can I do?

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 t...
Jul 25, 2019 Mr. Roger Davie min read

Can I get unemployment benefits and workers' compensation at the same time?

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 ...
Jul 25, 2019 Mr. Roger Davie min read

Can I get workers' compensation benefits if I return to work or if I get another job?

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 h...
Jul 25, 2019 Mr. Roger Davie min read

Employer has their own Work Injury or Workers' Compensation Plan but it is not Texas Workers' Compensation. What are my rights?

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...
Jul 25, 2019 Mr. Roger Davie min read

Employer does not have Workers' Compensation. What are my rights?

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 inju...
Jul 25, 2019 Mr. Roger Davie min read

I am an independent contractor. What are my rights if I am injured on the job?

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 r...
Jul 25, 2019 Mr. Roger Davie min read

How does Workers' Compensation affect my rights?

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...
Jul 25, 2019 Mr. Roger Davie min read

Do you have to pay back your insurance company for the medical bills it paid?

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. Unfortunat...
Jul 25, 2019 Mr. Roger Davie min read

If I sue a third-party do I have to pay back the workers' compensation carrier?

Generally the answer is yes. Texas is a very pro-insurance and pro-insurance Company state and the legislature and the Texas Supreme Court have made if very difficult to not pay back th...
Jul 25, 2019 Mr. Roger Davie min read

Can you sue your employer for your injuries if they have Texas Workers' Compensation.

I have a lot of clients in Texas that come see me when they are severely injured at work asking if they can sue their employer for the injuries they receive. Texas is unique in that it ...
Jul 08, 2018 Mr. Roger Davie 5 min read

If your employer has its 'own work injury plan' or no workers' compensation then they are liable for employees injuries if they are negligent even if the employee knew of the danger (in non slip and fall - premesis liability)

Non-Subscribers—Tort Liability for Work-Related Accidents—Failure to Provide Necessary Instrumentalities—Employee Knowledge of Risk—Advance Tire and Wheels, LLC v. Enshikar, 527 S.W.3d 4...
Jul 05, 2018 Mr. Roger Davie 3 min read

Judge must review video before excluding its use at trial.

Texas Supreme Court provides guidance on video use in workers’ comp case When can video footage serve as evidence in a personal-injury suit that arises from a workplace accident? That...
Mar 13, 2018 Mr. Roger Davie 3 min read

​Employee Benefits Plans—Accidental Injury v. Sickness

Employee Benefits Plans—Accidental Injury v. Sickness. Ramirez v. United of Omaha Life Ins. Co., 872 F.3d 721 (5th Cir. 2017)—In Texas, employers can opt out of workers’ compensation, an...
Jan 22, 2018 Mr. Roger Davie 1 min read

If your Workers' Compensation carrier wrongly criminally prosecutes you for Insurance Fraud the Texas Supreme Court says you have no remedy

Glen Johnson was horribly burned in a smelter explosion. As part of his rehab he was given a membership to a gym to help with his injuries. The gym had swipe cards but because of Johns...
Mar 03, 2015 Mr. Roger Davie 2 min read

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