Law Office of Alan Tysinger

How does a workers' compensation settlement work?

I often get asked, how does a workers' comp settlement work? In Texas, there is no true "settlement" of a workers' compensation claim. The 1989 Workers' Compensation Act reformed the law to prohibit settling out a workers' compensation claim for money in exchange for the loss of the right to... Read more →

ZOOM Videoconferencing and Texas Workers' Compensation Hearings

Due to the concerns over COVID-19, Texas workers compensation hearings are proceeding at a regularly scheduled pace, but by zoom video conference as available. The hearings are being done on what I call a "lowest common denominator" basis as far as technology. ZOOM videoconferences allow multiple parties to see and... Read more →

COVID-19 and My Injury Case

If I have an injury case that has nothing to do with COVID-19, what does the shutdown mean for my case? That's a really important question. It seems the COVID-19 pandemic has sucked all the air out of the room, virtually eliminating any real conversations about the effect across the... Read more →

When does the insurance carrier have to pay my attorney's fees in a workers' compensation case?

In Texas, there are a few circumstances when you can have an attorney represent you without cost to you-- paid for by the insurance carrier. In the typical workers' compensation claim, the attorney receives payment as a deduction from the injured employee's income benefits. The attorney is paid for his... Read more →

Lump sum settlements in Texas workers compensation law: Settlements vs. Agreements

Texas workers compensation law generally prohibits lump sum settlements and requires that medical benefits stay open for life. However, there are legal guidelines which allow for dealing with disputed issues that can allow resolution of disputes within that framework. First, some terminology. In Texas workers compensation law, a "settlement" is... Read more →

Injured in Texas, but living out of State?

With the booming economy in Texas, it is very common for folks in other states to come to Texas looking for work. You may even leave your family behind in another state such as California in order to find work in Texas and send money back home. You may work... 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 →

What happens if the insurance company denies my claim, or refuses to pay benefits I request?

If you and the insurance adjuster can't agree on what should be paid, you can request a hearing through the dispute resolution process. What are the steps in that process? There are several stages. The first is you are required to document efforts to try to work it out with... Read more →