Frequently Asked Questions

Besides medical treatment, you have the right to receive a portion of their income if they are unable to work or only able to win a share of their income, while missing time from work or work on restrictive duty. You should be aware that the methods of calculating incapacity benefits can vary even though the basic pay structure set out in the Texas Workers’ Compensation Act.

Under the current Texas Workers’ Compensation laws, you have the legal right to choose their own doctor, however, your options may be limited. The Texas Legislature approved the Health Workers’ Compensation Law Network, from September 1, 2005, which requires an injured worker to select a network physician if the employer has chosen the network coverage. If the employer decides not the state of the network and then a doctor in the network is not required.

You have the right to receive reasonable and necessary medical treatment for work-related injuries. In many cases, treatment may be less than the delay in the procedures followed in the pre-authorization process. If the carrier refuses medical treatment that is not medically necessary or not related to your injury, you have the legal right to challenge these results.

If you receive a serious physical injury from which you can not regain the right to additional benefits in the form of income benefits or additional income for the lifetime income benefits. Also, if a family member or a person who receives financial support is killed as a result of work-related injury, the earnings are the benefits available to survivors or beneficiaries.

If not fully recovered from you physically work-related injury, you may be entitled to additional monetary award based on their final grade of deterioration. You are not legally obliged to accept the classification provided by your physician, insurance company, or the designated physician selected by the Texas Department of Insurance. You have the legal right to challenge any of these classifications. Besides, you are not always required to receive income benefits on a weekly basis. In some cases, you may qualify for accelerated promotion, or the final settlement of the deterioration of income or benefits to supplemental income benefits.

S. Michael Graham Attorney & Counselor Tejas Certificado por la Junta de CompensaciĆ³n del Trabajador
S. Michael Graham Attorney & Counselor Texas Board Certified Workers' Compensation