Our workers comp attorney here in San Antonio knows how easy it is to make a mistake when filling a workers’ compensation claim. The fact is many people have never sustained an on the job injury and dont know the process. That is why its advised to seek a experienced workers comp lawyer because this process can be so confusing. Below are common mistakes claimants make with their workers comp claim.
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Qualify for Disability with Kidney Dialysis in 2022
The kidneys are in charge of several body functions, such as cleaning the blood and producing urine. Over time, diseases like chronic kidney disease also known as CKD can harm the kidneys, and when CKD becomes so extreme such that the kidneys cannot properly function any longer, the patient develops End Stage Renal Disease (ESRD), and the damage is irreversible. Many times, the only way to resolve it is a kidney transplant, but before receiving a kidney transplant, the patient must go through dialysis treatment. To qualify for social secur
The kidneys are in charge of several body functions, such as cleaning the blood and producing urine. Over time, diseases like chronic kidney disease also known as CKD can harm the kidneys, and when CKD becomes so extreme such that the kidneys cannot properly function any longer, the patient develops End Stage Renal Disease (ESRD), and the damage is irreversible. Many times, the only way to resolve it is a kidney transplant, but before receiving a kidney transplant, the patient must go through dialysis treatment. To qualify for social secur
Types of Workers Comp Injuries?
Workers Compensation coverage is a no fault system. This means that regardless of who is to blame for the accident, the workers compensation insurance carrier should cover your claim. You do not have to prove negligence in a workers compensation claim. As long as you were injured in the course and scope of employment, a claim can be filed.
Workers Compensation coverage is a no fault system. This means that regardless of who is to blame for the accident, the workers compensation insurance carrier should cover your claim. You do not have to prove negligence in a workers compensation claim. As long as you were injured in the course and scope of employment, a claim can be filed.
Its important to know what to do after youve been injured on the job. Its important that you file a workers compensation claim as soon as you are hurt. There can be consequences if you dont file timely.
If you’re going to file a workers’ compensation claim, be sure to follow these 4 steps:
1. The Importance of a Work Accident Report
The first thing you should do after youve been injured at work is to fill out an incident or accident report. Go to your HR office or supervisor and request to fill out an accident or incident report immediately. If you do not fill out this report within a ti
If you’re going to file a workers’ compensation claim, be sure to follow these 4 steps:
1. The Importance of a Work Accident Report
The first thing you should do after youve been injured at work is to fill out an incident or accident report. Go to your HR office or supervisor and request to fill out an accident or incident report immediately. If you do not fill out this report within a ti
Which Texas companies are considered Nonsubscribers? Texas is 1 of only 2 states not requiring companies to subscribe to state-regulated workers’ compensation insurance. This means employers may not have to pay for medical bills, lost wage income benefits, burial expenses, or death benefits for injuries related to an on the job accident. According to the Texas Department of Insurance, about 44% of Texas employers do not subscribe to workers’ compensation. If an employer does not subscribe to the
Have you been injured in a car accident while on the job? Part of a job may consist of you having to drive as part of your job. That means that you are still on the clock as you drive from destination to destination. Whether you are an employee driving your own car or company vehicle, there may be risks awaiting you as you are driving on the road. Its possible, accidents can happen, oftentimes as a result of another persons negligence, misconduct, or inexperience. You may sustain injuries as a r
Is rental income considered earned income and can it affect my ability to file for Social Security Disability?
Likely no. In mostly all cases, rental income is considered unearned income and wont impact your ability to file for Social Security Disability. However, there are 3 circumstances in which rental income can be considered as earned (https://www.ssa.gov/OP_Home/handbook/handbook.12/handbook-1213.html).
a)your rental income is received in the course of your trade as a real estate dealer
b) you perform services for your tenant beyond normal care & maintenance of the property (
Likely no. In mostly all cases, rental income is considered unearned income and wont impact your ability to file for Social Security Disability. However, there are 3 circumstances in which rental income can be considered as earned (https://www.ssa.gov/OP_Home/handbook/handbook.12/handbook-1213.html).
a)your rental income is received in the course of your trade as a real estate dealer
b) you perform services for your tenant beyond normal care & maintenance of the property (
Can I sue my company for causing my injury?
It depends. And it depends on whether your company carries workmans comp insurance or if they carry workers comp insurance. Here in Texas, if your employer carries workers compensation insurance, your only remedy is whats offered under the workmans comp laws. This means that you cannot sue your employer for causing your workers’ comp injury. You would only be able to file a workers comp claim and be afforded those benefits which is normally just lost wage compensation at 70% of your average weekly pay as well as medical treatment covered.
It depends. And it depends on whether your company carries workmans comp insurance or if they carry workers comp insurance. Here in Texas, if your employer carries workers compensation insurance, your only remedy is whats offered under the workmans comp laws. This means that you cannot sue your employer for causing your workers’ comp injury. You would only be able to file a workers comp claim and be afforded those benefits which is normally just lost wage compensation at 70% of your average weekly pay as well as medical treatment covered.
Do I have to go to Court to get my Workers Comp?
A lot of injured workers may be worried about going to Court to get their workers compensation benefits. You may not have to go to District Court, but you may end up in an Administrative Law Hearing. Very few cases actually end up in district court on a worker’s comp claim. Whenever you get injured on the job, you file your claim for compensation, the insurance company will process the claim, the insurance will then accept certain parts of the claim and likely deny certain parts of the claim. If you are unsatisfied with the insurance company's
A lot of injured workers may be worried about going to Court to get their workers compensation benefits. You may not have to go to District Court, but you may end up in an Administrative Law Hearing. Very few cases actually end up in district court on a worker’s comp claim. Whenever you get injured on the job, you file your claim for compensation, the insurance company will process the claim, the insurance will then accept certain parts of the claim and likely deny certain parts of the claim. If you are unsatisfied with the insurance company's
What happens if i find a new job while under the care of Workers Comp? In some scenarios, you may wonder if you should look for work elsewhere. Maybe you feel the employer will discriminate against you if you go back to that same employer? Or maybe you are unsure if you still have a job or not? Whatever the scenario, youre free to look for work elsewhere but you may want to contact a lawyer before you do so to discuss your options. Generally speaking, if the employer that you were working for wh
Why is it so hard to get my surgery approved? One of the biggest issues people have with the workers compensation insurance carriers is getting their surgeries approved. Here in Texas, the insurance company uses a book called The Occupational Disability Guidelines. Your doctor must follow the protocols set for in that book. Normally, they have to try out physical therapy first. If that doesnt work, they have to try out injections next. And if that doesnt work, then maybe you can get surgery. Thi
If your Social Security or SSI disability benefits were suspended because you began working and earned too much money, you may eligible for "expedited reinstatement" once you no longer are earning money over SSA's limit. So if you lost your disability benefits because you started working and earning too much money but then either lose your job or work decreased hours, you may be eligible to have your disability benefits reinstated. Expedited reinstatement (EXR) allows you to get your benefits restarted without having to reapply for benefits. If you qualify for EXR, you can get your benefits b
A work-related or workers compensation injury is any injury that occurs in the course and scope of employment. Basically, you were doing your job and while doing your job, you suffered an injury. The easy way to explain it is if you are doing something in furtherance of the affairs of your employer’s business, then you’re engaging in the normal course and scope of employment. Keep in mind that your injury has to be in the course and scope of employment. If you are on a lunch break and get hurt , you are not in the course and scope of employment.
Can I receive Social Security benefits if I only paid into TRS and not Social Security?
Short Answer: Probably not, but it depends. There are two critical laws that Texas teachers should know about that will impact whether you can receive Social Security benefits.
(1) The Windfall Elimination Provision or WEP and (2) the Government Pension Offset or GPO. Both of these laws can reduce or eliminate a Social Security benefit. This will depend upon whether you as a teacher qualified for the Teachers Retirement System (TRS) and did not pay into Social Security.
Whether you are able to receive
Short Answer: Probably not, but it depends. There are two critical laws that Texas teachers should know about that will impact whether you can receive Social Security benefits.
(1) The Windfall Elimination Provision or WEP and (2) the Government Pension Offset or GPO. Both of these laws can reduce or eliminate a Social Security benefit. This will depend upon whether you as a teacher qualified for the Teachers Retirement System (TRS) and did not pay into Social Security.
Whether you are able to receive
You'd be happy to know that attorneys will only get paid if they win your case. That means that you owe them nothing up front to represent you. If they do win your case and you are approved for benefits, the attorney will earn a percentage of your back award.
If you have a Social Security Disability claim or appeal pending in Texas, you should consider hiring a lawyer. The SSA (Social Security Administration) disability system is very complex and takes years to become well-versed and experienced in. A claimant in San Antonio, Texas should choose an attorney who is very familiar with how t
If you have a Social Security Disability claim or appeal pending in Texas, you should consider hiring a lawyer. The SSA (Social Security Administration) disability system is very complex and takes years to become well-versed and experienced in. A claimant in San Antonio, Texas should choose an attorney who is very familiar with how t
Does Social Security Have to Give Weight to a VA Disability Decision or Rating?
As of March 27, 2017, Social Security does not have to take into account decisions made by other governmental agencies regarding a Social Security applicant's disability. Social Security essentially published a new rule stating that Social Security is no longer required to take a VA disability decision into consideration, due to the fact that different rules and standards for disability are applied by different agencies and SSA must make the determination of disability based on their own laws and regulations. In
As of March 27, 2017, Social Security does not have to take into account decisions made by other governmental agencies regarding a Social Security applicant's disability. Social Security essentially published a new rule stating that Social Security is no longer required to take a VA disability decision into consideration, due to the fact that different rules and standards for disability are applied by different agencies and SSA must make the determination of disability based on their own laws and regulations. In
Can I get approve for SSD if I havent treated with a Doctor?
You can still possibly receive Social Security disability benefits without ever seeing a doctor, BUT, it will be very difficult and unlikely. The Social Security Administration (SSA) follows a strict process to determine if you are disabled. Part of this is matching your claimed conditions with the SSA’s list of medical conditions. To prove that you are suffering from a specific diagnosis or condition, you will need medical documentation from a medical doctor diagnosing you with your claimed condition.
You can still possibly receive Social Security disability benefits without ever seeing a doctor, BUT, it will be very difficult and unlikely. The Social Security Administration (SSA) follows a strict process to determine if you are disabled. Part of this is matching your claimed conditions with the SSA’s list of medical conditions. To prove that you are suffering from a specific diagnosis or condition, you will need medical documentation from a medical doctor diagnosing you with your claimed condition.
How Do Cancer Patients Receive Social Security Disability Benefits
Most of us knows someone who has successfully battled cancer, but being diagnosed with any kind of cancer is still a shock. Your prognosis and treatment will largely come down to the type of cancer you have and how quickly you were able to identify it.
Due to your diagnosis of cancer or the treatments you are receiving, you may be unable to work. If you are unable to work due to a cancer diagnosis and treatment, you may be able to file for Social Security Disability benefits. As an experienced social security lawyer, we
Most of us knows someone who has successfully battled cancer, but being diagnosed with any kind of cancer is still a shock. Your prognosis and treatment will largely come down to the type of cancer you have and how quickly you were able to identify it.
Due to your diagnosis of cancer or the treatments you are receiving, you may be unable to work. If you are unable to work due to a cancer diagnosis and treatment, you may be able to file for Social Security Disability benefits. As an experienced social security lawyer, we
Qualifying for Social Security Disability with Kidney Disease
If you've been diagnosed with kidney disease, you may qualify for Social Security disability benefits. The Social Security Administration (SSA) offers monthly financial aid for people who are disabled and unable to work anymore. Having kidney disease does not always qualify for benefits, but if you are out of work for a year or more due to your kidney disease, you certainly may qualify for disability benefits.
If you've been diagnosed with kidney disease, you may qualify for Social Security disability benefits. The Social Security Administration (SSA) offers monthly financial aid for people who are disabled and unable to work anymore. Having kidney disease does not always qualify for benefits, but if you are out of work for a year or more due to your kidney disease, you certainly may qualify for disability benefits.
Can I still get my Social Security Disability Benefits If I'm Overseas?
Receiving Disability Benefits While Living Overseas
The Social Security Administration (SSA) allows certain individuals to receive disability benefits even if youre living abroad. It can be difficult to understand many of the rules and exceptions that SSA has in place. Normally, individuals can receive Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) when living in or traveling to another country. This means that if you are only "traveling" you can still retain your disability benefit
Receiving Disability Benefits While Living Overseas
The Social Security Administration (SSA) allows certain individuals to receive disability benefits even if youre living abroad. It can be difficult to understand many of the rules and exceptions that SSA has in place. Normally, individuals can receive Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) when living in or traveling to another country. This means that if you are only "traveling" you can still retain your disability benefit