Law Office of Alan Tysinger

When to hire an injury lawyer: Recorded Statement

An accident happens. You get injured. Your first instinct is to go to a hospital or clinic to get treatment and try to get better. In those moments it is rare to think of the case you might have against the responsible party, or even the need to go to... Read more →

Causation: In Depth Survey of the Case Law

CAUSATION INTRODUCTION It has always firmly been the burden of the claimant to prove that the connection between damage or harm to the physical structure of the body and the event or activities that occurred within the course and scope of employment in order to prevail in establishing a compensable... Read more →

Supreme Court Ruling in Cell Location Data Case: Private Investigators, Surveillance, and Fraud in Injury Litigation

Today the Supreme Court issued a ruling in the case of Carpenter vs. United States, in which it decided that authorities generally need a warrant to obtain cell phone location data from service providers. It had been argued by prosecutors/governmental authorities that this information was a business record, kept and... Read more →

Causation evidence in extent of injury cases: How do I prove my condition is from the accident?

In Texas, the law distinguishes between an insurance carrier accepting that an injury occurred on the job, and accepting that a specific diagnosis or medical condition resulted from that. In other words, an insurance carrier, at almost any time in the claim, can say: yes, we understand and agree you... Read more →

Case Law Update (from 2017 Advanced Workers' Compensation Seminar, State Bar of Texas

My notes from presenting the case law update at the 2017 Advanced Workers' Compensation Seminar in Austin. Case Law Update 2017 State Bar of Texas Advanced Workers’ Compensation Seminar Alan D. Tysinger Course and scope of employment, Issues vs. arguments, Statutory violation Martinez vs. State Office of Risk Management, 04-14-00558-CV... Read more →

Third party claims and waiver of subrogation in workers' compensation cases

Recently the Texas Supreme Court issued an important decision in a matter that will affect workers' compensation claims throughout the state, especially in industrial, manufacturing, and oilfield contexts. It's about a legal concept called subrogation. Basically that means the right to get money back from someone else after you've paid... Read more →

I got a letter telling me I have to go to a designated doctor examination. What is that? Do I have to go?

A designated doctor is a doctor selected by the TDI-DWC (not the insurance company) to examine you, review your records, ask you questions, and provide an opinion on issues surrounding your case. For example, the doctor may be asked to address whether you are disabled, what diagnoses should be included... Read more →

How much can an attorney charge in a workers' compensation case?

All attorneys in workers' compensation in the state of Texas are limited by law to what they can charge. An attorney can charge no more than $200 per hour on administrative claims, plus expenses, for services related to your workers' compensation case. The insurance carrier will pay your attorney through... Read more →

Do I need an attorney to assist me with my workers' compensation claim?

The law does not require you to have an attorney to help you. But it is your right to retain an attorney if you wish. An attorney can: explain the whole law as it applies to your case, not just workers' compensation regulations give you case-specific legal advice tell you... Read more →

I've been hurt on the job, and the insurance is being unfair. Can I just skip the workers' compensation hearing and take it straight to a jury?

The right to a trial by jury is part of the Constitutional Bill of Rights, but unfortunately that doesn't mean you get to start with a jury when you have a workers' compensation claim in Texas. The Texas workers' compensation system is part of the legal landscape known as "administrative... Read more →