Law Office of Alan Tysinger

What if my employer files the report of injury late?

What if my employer files the report of injury late? This question has to do with the employer's requirement to file a notice of injury with the state Division of Workers' Compensation. When an employer covered by a workers' compensation insurance policy has an employee with an injury or an... Read more →

Impairment Rating Finality in Texas Workers' Compensation: What Isn't Required

As the esteemed jurist and upholder of compulsory sterilization laws, Justice Oliver Wendell Holmes, is once reputed to have chided a lawyer, “this is a court of law, young man, not a court of justice.” The Workers’ Compensation Act provides ample illustrations of this principle. Among them relevant here would... Read more →

How much does a workers comp attorney charge?

How much does a workers comp attorney charge? In Texas, attorney fees in a workers’ comp case are heavily regulated. An attorney representing an injured employee or the beneficiary of a deceased employee must submit fees to the Texas Department of Insurance, Division of Workers’ Compensation for approval. These fees... 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 →

Audit Describes Lengthy Delays in Workers' Compensation Claims

Much is made of California as the quintessential blue state in Texas as the classic large deep red state, we are both part of the United States and in many ways there are more similarities than differences. The issues with Worker’s Compensation law are one area where workers are feeling... 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 →

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 →