Legal Question in Workers Comp in Texas

Denied workmans comp because of hernia exclusion what do i do

got hurt in texas on april 3 contacted imployer then contacted insurance co april 9th they referred a doctor by where we live. 1st dr said urine infection 2nd dr said tare/hernia. contacted insurance co and they said that was exclueded on there policy. i am long haul driver in pain to much to work what do i do?


Asked on 4/16/03, 9:09 pm

2 Answers from Attorneys

Brandon Manus Manus Law Office

Re: Denied workmans comp because of hernia exclusion what do i do

You have a right to see your own doctor. Have you reported your injury? How did it happen? You must report the injury to your employer within 30 days; have you contacted the Texas Workers' Comp Commission? There are a lot of unanswered questions. Call our office toll free at 800-541-4641 and ask for a Workers' Comp packet.

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Answered on 4/16/03, 9:28 pm
Spencer Farris The S.E. Farris Law Firm

Re: Denied workmans comp because of hernia exclusion what do i do

I am assuming that either you or your company are in Missouri from the initial post.

Under Missouri law, there can be NO hernia exclusion from Workers' compensation coverage. If you are hurt on the job, you fall with in Workers' Compensation law, and your employer must provide benefits. Your employer is responsible to pay for your medical treatment, disability while you are off of work due to the injury, and a lump sum for any disability that remains after your treatment ends.

You should ask your employer where they want you to get treatment. If they refuse to provide treatment, you can use your own doctor, but there are steps you should take first.

If you wish to discuss this further, without cost or obligation, please call me at 314.252.9937, or email.

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Answered on 4/16/03, 10:53 pm


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