Workers' Compensation Discussion Forums

My husband was hurt on the job in November (crushed his left foot in a forklift accident) So we do not have a lawyer yet and there is a couple of things that has really gotten our goat.

1. The doctor put him out until otherwise noted. Then his work made some sort of deal with the doctor's office and now he is back to work (so called light duty) The nurse practitioner made the changes, not the doctor. They have him in a room doing paperwork and he is not allowed to talk, look, or mingle with anyone else in the office... Like he is being punished for getting hurt.... He is miserable



2. How do we find out whether or not we (he) will even get an offer for a settlement. His left foot was completely crushed from left to right, there was pins and screw, plates, you name it... also his foot had severe tissue damage. Now looks like a third degree burn.

We live in Texas and are not sure of what the laws are out here. Please advise.. I know that he is not being treated nicely and should not be punished for getting hurt.

work comp insurance is optional in texas. If he is not covered they are required to notify and post notices. If the employer does have comp insurance you can find out the rules here
http://www.tdi.state.tx.us/wc/indexwc.html
there are discrimination rules to prevent retaliation by the employer against those who file a claim.

Texas does not have a "settlement" like others states do. If the light duty is causing him more pain, he can always contact his dr. and advice he/she of the situation. The dr. may then take him off work. Does the company have WC coverage??? If that was known then more info. could be given.

I am not sure about Texas but once he is at MMI and if his injury is Permanent and he is left with the screws and has scaring some people get paid for the size of scaring and where it is located etc.

Every state is different and it depends on if it is permanent and like I said they measure the size of it and where it is located. That would all be done by the IME exam etc. when he reaches his end point ( MMI).