Legal Question in Workers Comp in Texas

My husband was injured on the job in March & ended up having to have MAJOR surgery on his rotator cuff, labrum and bicep in the beginning of May.

His ortho surgeon told him that it would be about a year before he would fully heal. He was in the middle of his 3rd round of Physical Therapy in Mid-November when his Workers Compensation benefits were terminated & his employment was terminated. The adjustor and the HR department told him the reason was that he had been released back to work, but did not return. He had not seen the Doctor and given a release so we feel that this was not accurate, but no one will give him any information on who authorized him to go back to work. He still does not have full range of motion and although I am not a Doctor, I know enough to know that he could not return to his field of work (oil field) at this point without reinjuring himself. What rights does he have to get his job back and WC benefits restored, as we've gone 2 months now, without any pay.

We live about an hour from Houston and do not know if this is worth contacting an attorney about.

Asked on 1/02/13, 8:15 am

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Call me if u wish to discuss and give more sounds like an insurance plan that is not Texas Workers Compensation insurance..and employers in Texas have plans which they control...but if it is truly Texas WC insurance..he has rights..but lawyers do not charge for consultations and only get paid if they win benefits under Tex comp call at no cost....and we will see..we handle claims statewide

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Answered on 1/02/13, 10:16 am

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