Recently leaders in Arkansas were asked about workers compensation as it relates to coronavirus Worker’s Compensation claims. The governor of Arkansas indicated in a straightforward manner that he had clarified with the director of the workers compensation office in the state that an employee who catches COVID-19 at the workplace... Continue reading

The title containing this catchy phrase, Worker’s Compensation to the rescue? Is what headlines a recent article in Forbes magazine. Many employers have been justifiably concerned about re-opening their businesses in light of potential liability for employees who may sustain COVID-19 on the job. The article notes that workers compensation... Continue reading

Much of the hassle in dealing with Worker’s Compensation claims comes from the impersonal peer review process that dominates medical determinations. A recent study in California indicated that the number of independent medical review determination letters in prescription drug disputes fail significantly from 2018 to 2019, continuing into 2020. What... Continue reading

The COVID-19 public health crisis is not just a novel phenomenon for medical professionals to deal with. It is also having a clear impact on the administration of justice in this country. Unfortunately, that means that many injured parties are having to take a backseat to other more pressing concerns... Continue reading

A recent article discusses the issue of causation in Worker’s Compensation cases with particular reference to COVID-19. The article states the obvious that you don’t need to be an epidemiologist or infectious disease specialist to see the challenge of proving whether a disease occurred on the job or not. Community... Continue reading

What are my rights to medical care for workers compensation? In Texas, you have the right two types of benefits: medical care and income benefits. You have the right to medical care for life for your injury. The law provides that this "includes all reasonable and necessary medical aid, medical... Continue reading

Should I trust the workers' comp doctor? This is a tricky question. Many approach their workers’ comp case with a conspiracy theory mindset— that the doctors chosen by the insurance company or employer are “paid off” under the table. And therefore they will lie on behalf of the insurance or... Continue reading

How should I handle a recorded statement with the workers’ comp adjuster? The recorded statement is a dangerous scenario for an injured employee. It can help to clarify confusion created by an employer’s inaccurate report of the injury. Yet it also can be used by an underhanded adjuster to deny... Continue reading

How much is the average workers comp settlement? In Texas, there are no traditional workers' compensation "settlements." This is why it is important to squeeze as much as the law allows out of the claim to put it to your advantage. Texas workers' comp laws are designed to guarantee lifetime... Continue reading

What should I not say to my workers comp adjuster? Every day, honest and hard-working people get injured on the job. Dealing with the insurance adjuster can be intimidating. While workers’ compensation adjusters are often kind and generous people, they have a job to do. Their job is to pay... Continue reading

I often get asked, how does a workers' comp settlement work? In Texas, there is no true "settlement" of a workers' compensation claim. The 1989 Workers' Compensation Act reformed the law to prohibit settling out a workers' compensation claim for money in exchange for the loss of the right to... Continue reading

No-knock warrant is the legal term for a warrant to enter the premises of a suspect without knocking and announcing police presence. Recently this type of search warrant gained notoriety due to the death at the hands of police of Breonna Taylor, who was apparently unarmed and shot by police... Continue reading