Texas Worker's Compensation - Help For Injured Texas Workers

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  1. #1
    Join Date
    Aug 2007
    Posts
    1

    Default Can You Get A Workers Comp Settlement In Texas

    So, here it is. This is my first time going down this road so I don't know really what to do. I was injured working in Texas back in April. I had to be life flighted and I spent 4 nights in ICU in Dallas. I then spent 3 more weeks in the hospital. I suffered a broken pelvis and severe shoulder damage. I had to get a huge metal plate inserted into my pelvis and I still have another surgery scheduled for my shoulder but the doctor says he wants to me start walking a little better before he does that surgery because I won't be able to move my arm for 6 months. I just now stopped using a walker. Workers comp is paying me 640 dollars a week but I was just wondering about what kind of settlement I would be getting out of this. I called an attorney and she said that workers comp no longer offers settlements in Texas but I get the feeling she was just giving me the run around so I plan on calling another one in the morning. Any advice?

  2. #2
    Join Date
    Aug 2007
    Posts
    26

    Default Re: Can You Get A Workers Comp Settlement In Texas

    Attorney is right...no settlement...you will be entitled to your weekly checks for up to 104 weeks (depending on your ability to return to work and whether or not you reach "Maximum Medical Improvement")

    After that, you may be entitled to "Impairment Income Benefits" if you have any permanent impairment....

    There may be more benefits to which you are entitled, but there won't be a typical "settlement" such as in a car wreck case, etc.

  3. #3
    Join Date
    Mar 2013
    Posts
    4

    Default Re: Can You Get A Workers Comp Settlement In Texas

    I Have been on wc for 16yrs and they would not cover my sugery,just meds., now i am closing the acct with my lawer.i am permanent disabled
    from the injury so no you can not sue thanks to bush for that one.but they owe me ive suffered to dam much half my life ,hang in there

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Can You Get A Workers Comp Settlement In Texas

    Quote Quoting dea537 View Post
    I Have been on wc for 16yrs and they would not cover my sugery,just meds., now i am closing the acct with my lawer.i am permanent disabled
    from the injury so no you can not sue thanks to bush for that one.but they owe me ive suffered to dam much half my life ,hang in there
    This is a VERY old thread... be best for responses if you'd start a new on of your own.
    bush has nothing to do with whether or not you can sue your employer, WC is a constitutional mandate, and statues that impliment that are enacted by the legislature. That took place looong ago.
    There are no monies in WC for pain and suffering, you are due benefits/medical, and wage replacement.
    Even if you "close your account" with your atty, she/he will still be due a fee on benefits secured for you.

  5. #5
    Join Date
    Mar 2013
    Posts
    4

    Default Re: Can You Get A Workers Comp Settlement In Texas

    Quote Quoting BvIA View Post
    This is a VERY old thread... be best for responses if you'd start a new on of your own.
    bush has nothing to do with whether or not you can sue your employer, WC is a constitutional mandate, and statues that impliment that are enacted by the legislature. That took place looong ago.
    There are no monies in WC for pain and suffering, you are due benefits/medical, and wage replacement.
    Even if you "close your account" with your atty, she/he will still be due a fee on benefits secured for you.
    well I worled all these yrs with a bad back
    and became disabled in 06 will they pay for all those yrs or just from 06

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Can You Get A Workers Comp Settlement In Texas

    well I worled all these yrs with a bad back
    and became disabled in 06 will they pay for all those yrs or just from 06
    You are entitled to benefits in an accepted claim from the DOI/Date Of Injury when you filed.
    You say you've been on WC for 16 years... but the DOI is 2006...No, you won't be paid benefits prior to 06.
    but they owe me ive suffered to dam much half my life
    There is no money in WC for pain/suffering. Only impairment due to the claimed injury. Nothing going backwards.

  7. #7
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Can You Get A Workers Comp Settlement In Texas

    pay for what for all those years- you were not disabled and got your wages?
    you may be entitled to some disability payments once the doctor certified you could not work.
    did the employer have work comp insurance?
    if so there is a time limit for filing a claim.
    for more information
    http://www.oiec.texas.gov/topics/ombudsman.html

    if the employer did not have comp insurance you'll have to pursue a civil suit.

  8. #8
    Join Date
    Feb 2014
    Posts
    1

    Default Re: Can You Get A Workers Comp Settlement In Texas

    I hate to be a bearer of bad news and not sure in your case, but I got injured in texas at work on 08/16/2008. My first back surgery for L4,L5, and L5S1 was in 2010, it failed, corrective surgery 2011, and it failed, a 360 that took 15 hours and two surgeons working on me and now im in serious chronic pain. After being laid off from work, I got arrears pay for nearly 18 months around 22,000 thousand dollars, mind you 18 divided by 22,000, is less than 1500 hundred a month. Then am impairment rating of 10%, with impairment bbi of 500 hundred a week for a few months, and life time medical on my back. I didn't get anything for pain, suffering, loss of wages, and now just social security disability of $2200.00 a month. Lifetime medical through workmans comp is a joke..you have to fight tooth and nail to get anything done, and after a couple more back surgeries, I am in sever pain all the time, and I can't get anything done to find out what is wrong with me, and the hardware keeps coming loose.

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