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  1. #1
    Join Date
    Mar 2011
    Posts
    4

    Default Texas Workers Comp Law

    My workers compensation claim was made in the State of: Texas,well actually it is my wife that has a claim and she just got in the mail a letter from the w/c attorney about her household income since her injury back in 2009.Now I'm not an attorney nor do I work for a i/c but I don't think "My Income" would be used to determine her w/c monthly payments or the amount she would get from her l/t s/t disability if she get's any at all.Can someone please give me some legal insight on this matter as it has put my wife into a deep state of depression trying to deal with these blood suckers.

  2. #2
    Join Date
    Jan 2009
    Posts
    202

    Default Re: Texas W/C Law's

    I'm far from an expert. Where I am, benefits are paid based on "average weekly wage" at time of injury. This includes overtime, shift differential, and such. You're not the injured party, thus your wages don't enter into it...But give the I/Cs time, they'll lobby for that, too. All the best.

    ---------- Post added at 01:07 AM ---------- Previous post was at 12:58 AM ----------

    Get a qualified, experienced WC attorney, ASAP. Where I am, 80 % of "average weekly wage" at time of injury is used to determine level of benefits. AWW includes overtime, shift differential, mileage and such. As you're not the injured party, your wage shouldn't enter into it. All the best.

  3. #3
    Join Date
    Mar 2011
    Posts
    4

    Smile Re: Texas W/C Law's

    She has tried that,cant find one to take the case.She is told that her benefits are being paid?Well they are being paid back to the school board for insurance she said she did not want anymore as she had mine.They want her entire household income,she thinks they want mine as well.I told them to take Me to court for it as it has no bearing on what they are supposed to pay her as the injured employee.I do not and have not worked for their client.

    ---------- Post added at 01:52 AM ---------- Previous post was at 01:45 AM ----------

    She has been told she cant collect her pension fund that was taken from her check along with long term/short term disability...I cant figure out where this money is going now,I mean she had them take this out of her pay...Would love to go to dinner with some of the people in Austin

  4. #4
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,331

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: Texas W/C Law's

    Who is the Office of Injured Employee Counsel?
    The Office of Injured Employee Counsel (OIEC) is the state agency created to advocate for the injured employees of Texas. OIEC assists injured employees by: educating and providing general assistance to injured employees regarding the workers’ compensation system; providing an ombudsman once a dispute proceeding has been scheduled to assist the injured employee throughout the dispute process; referring injured employees complaints to the appropriate entities and licensing boards; and providing injured employee referrals to other local, state and federal agencies, including the Department of Assistive & Rehabilitative Services (DARS), as appropriate.

    You may request assistance from the Office of Injured Employee Counsel by calling 1-866-EZE-OIEC (1-866-393-6432).
    She is told that her benefits are being paid?Well they are being paid back to the school board for insurance she said she did not want anymore as she had mine.They want her entire household income,she thinks they want mine as well.I told them to take Me to court for it as it has no bearing on what they are supposed to pay her as the injured employee.I do not and have not worked for their client.
    No one here can give you 'legal advice', you need an atty for that. Or the TX office of employee counsel.

    Your income though has nothing to do with the WC benefits you wife may be eligible for. Nor does any deductions for health ins that may have been deducted from her wages.
    If there are STD/LTD benefits available, those would be secondary and subject to offset based on the max rates under the policy/coverage. Again, those premiums, or any other monies would not be deducted from any comp benefits she may be due.

    Her retirement benefits... those monies too are not relative to the comp claim.
    You do need legal advice here... "they" have atttys... you should not attempt to go this one alone.
    There are too many variables in a comp claim, and your additonal issues only serve to complicate things fruther.

  6. #6
    Join Date
    Mar 2011
    Posts
    4

    Default Re: Texas W/C Law's

    Well BvIA finding an atty. is a joke,like I said she has been told her benefits were being paid,therefor every atty. I have spoke to wont touch this.Now to make things even better she has already had 2 benefits review meetings and now has a hearing set up for May.With no legal counsel on board. So this should be interesting to say the least,I mean the so called witness's that are to be called were not even in the same building at the time of the accident,not to mention the state appointed Dr. they set her up with is on her side and guess what,he's not on the list to be called.This is a joke the way they treat workers.

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: Texas W/C Law's

    Have you contacted the Office of Injured Employee Counsel as I suggested?
    They want her entire household income,she thinks they want mine as well.
    When I say there are things ''missing" here...you are aware of what you're talking about... we aren't. "they want here entire household income"... is that tongue in cheek, or are they actually looking for tax returns to verify that income?
    "She thinks"... they want yours... IS that the case, are they looking for verification of your income.???

    What were the hearings for?
    What is the next hearing in May for?
    What 'benefits' are you trying to get at this time?
    Like I said, you know what you're talking about... but there are too many facts missing here to tell what the situation is. If this were a face/face converstation, with a file on the table, I'm not sure it would be any easier.

  8. #8
    Join Date
    Oct 2009
    Posts
    120

    Default Re: Texas W/C Law's

    towboater:

    In Texas, average weekly wage is calculated by the 13-week gross income immediately prior to the date of injury. You are misunderstanding your conversations. Household income has nothing to do with it. If she has health insurance premiums that were taken out of her income checks, she can opt out or continue to pay those premiums with her WC lost wage checks to her employer.

    If your wife is getting paid lost wage benefits, a Texas attorney would welcome the assignment. They would then get 25% from each benefit check up to the approved attorney fees.

    You should elaborate on your wife's conflict so we can better understand you.

    -H2HU

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