Abbott & Associates LLC - Texas Law Firm

At Abbott & Associates LLC, We work to obtain justice for people who have been wronged either through the negligence of others or by intentional conduct. The purpose of the judgments and settlements is that we obtain for our clients are to right wrongs and, in some cases, to punish the wrongdoer. Every case is different and you need an attorney who knows how to help you to present your evidence in a compelling way to the insurance company or to a jury in a personal injury trial. At Abbott & Associates LLC., our experienced attorneys represent clients who have suffered injuries from a variety of different causes including:
Medical negligence/ healthcare malpractice
Defective products
Dangerous drugs or medical devices
 Truck accidents
Motor vehicle collisions
Motorcycle, bicycle and pedestrian crashes
Slip and falls
Negligent security
Dangerous property conditions
Worksite accidents

Abbott & Associates LLC law firm, specializing in workers compensation cases throughout Texas! Features of Leading Abbott Clay & Reed Law Firms In Texas

Our Practice Area:
1.    Workers Compensation
        Workers' Compensation
        Comp Checks
        Comp Benefits
        Comp Deadlines
        Job Security
        Good Doctors

2.    Personal Injury
3.    Auto Accidents
4.    Truck Accidents
5.    Recalled Drugs & Devices
6.    Texas Workers Compensations
       TIBS IIBS & SIBS Checks
       Weekly Texas Workers Compensation Rates
       How To Increase Your Texas Workers Comp Checks
       Is Your Workers Comp Impairment Rating Correct?

Read more from original source: workerscomp.com
Contact:
Houston: 713-223-1234
281-444-COMP
Toll Free 888-434-COMP

When Texas Workers Comp Adjusters Won’t Return Your Call

You have been injured on the job and have been to the doctor, received some initial medical treatment and have started receiving paperwork from the insurance company about your injuries. In this mountain of paperwork that will be mailed to you, the insurance company is going to inform you that an adjuster has been assigned to handle your claim. Many injured workers’ will read the paperwork and believe the information provided to them by the insurance carrier, that the adjuster is assigned to handle your claim and assist you in your claim, and that they are provided to you by the insurance company to help you navigate the workers’ compensation system. For many people this on the job injury is the only one that they have ever had and this will be their only experience dealing with an insurance company for a work-related claim. However, many times injured workers quickly find out that what they initially believed are wrong and the exact opposite is true.

All too often injured workers contact our office with the complaint that the adjuster that has been assigned to their claim has become, or has always been non-responsive, they do not return calls, either from the injured worker themselves or from the doctors that are treating him or her, if they have provided their e-mail addresses they do not respond to emails. The amount of contact information initially provided by the adjuster varies; sometimes they provide their direct line and/or extension, fax number, and sometimes even an e-mail address. Other times it is just the toll-free number to the insurance carrier, leaving the injured worker to navigate a sometimes hopeless and always frustrating series of call-centers “press 1 for claims, press 2 for our fax information” call center automated responses.

One case stands out in particular, an injured employee contacted our office because they had been injured about six months prior, and had been released to return to work in a modified light duty capacity for about four months of that time. Doing their own research the injured employee had discovered that because he was released to work light duty, if he was working fewer hours and earning less wages on a weekly basis than prior to his injury, he should have been entitled to partial benefits from the insurance company for lost wages. Of course neither the employer, nor the insurance adjuster had informed the worker of that bit of information regarding lost time. Knowing that he worked fewer hours every week because of his restrictions from his injury he attempted to contact the adjuster almost every day for almost a month to discuss this and attempt to find out what documentation he needed and to get the benefits that he deserved to help get him and his family through this time. Out of frustration he contacted our office, once our office got involved we obtained the information regarding lost wages, forced the issue with the adjuster and the insurance company, and within a month had the injured employee the back pay that he was entitled too as well as weekly benefits going forward in order to make up for the lost wages and time he was missing from work because of his injury.

Make no mistake. The insurance adjuster at the end of the day is not there to assist you as the injured employee. The adjuster is assigned to the claim to monitor the claim, and manage the claim on the Insurance Carrier’s behalf. Yes, the adjuster is on the claim to see that the insurance company’s interests are served on the claim. What is the insurance company’s interest? To ensure that the injured workers’ claim for medical and disability benefits pays out at the lowest amount possible. Like all companies the insurance company is there to make a profit, and they do this by limiting the financial and medical liability that they are open to through the claims that they are liable on.

What is one of the fastest ways to ensure that nothing is getting done, and thus, making sure that nothing is getting paid for on a claim? Not responding to requests for information, not providing the doctors with the relevant information they may need, and generally ignoring the injured workers’ claim in the assumption that maybe the injured worker would give up and quit trying to contact them perhaps? Sadly, this is an almost every day fact of some workers’ compensation claims. Many times adjusters have to give out certain information when requested, and the easiest way to make sure that that information doesn’t get out is to make sure that they are hard to get into contact with.

You, as an injured employee are not alone, and you should not have to face this frustrating, and unfair practice alone. At Ogletree, Abbot, Clay & Reed we know how insurance companies function and how their adjusters work. With the combined years of experience in Texas Workers’ Compensation our attorney’s know how to “climb the ladder” at the insurance companies, how to get management on the phone, the proper paperwork to file, and, if needed the proper grievances to file in order to force the insurance company and their adjuster to respond to us, or the doctors that are seeking information.

You are not alone, if you have been having trouble with the insurance company, or perhaps not getting any information from the insurance adjuster assigned to your claim. Call us today or contact us online and ask how our Attorneys and staff can get you the medical and disability benefits that you deserve.

Go through the original source: http://www.workerscomp.com/when-texas-workers-comp-adjusters-wont-return-your-call/

Cash Advances In Texas Workers Comp Cases

During the course of a workers’ compensation claim, many injured workers’ find it difficult to make ends meet on just their weekly workers’ compensation checks. It can be both difficult and frustrating to wait and see if your weekly check is going to arrive on time in the mail. Then, once you receive the workers’ compensation check, the amount of the check may not even be enough to cover your bills.

The insurance company and adjuster usually don’t tell an injured worker that they can apply for a cash advance on their weekly workers’ compensation income checks. An injured worker can apply for and be granted an advance up to three (3) times within the course of the same injury. This extra money in a cash advance can come in handy for an injured worker who is trying to catch up on bills, household repairs, or any other financial hardships that they might be facing during their workers’ compensation claim.

If an injured worker is interested in applying for a cash advance, a form must be filled out and submitted to the Division of Workers’ Compensation for approval. When an injured worker applies for an advance, they can request up to four (4) times the maximum weekly rate for Temporary Income Benefits at the time of their injury. That means that the amount that an injured worker requests for your advance is not based on how much they get per week in their workers’ compensation checks, but what the maximum weekly Temporary Income Benefits rate is for their date of injury. For example, if an injured worker was injured on April 1, 2012, the maximum amount of weekly Temporary Income Benefits is $787.00. Four times the maximum Temporary Income Benefits rate is $3,148.00, so that injured worker could request a cash advance for up to $3,148.00. This is true even if the amount of you Temporary Income Benefits check is lower than $787.00 per week.

A cash advance can be requested by an injured worker at any point in their claim, so long as they are receiving income benefit checks from the insurance carrier. An advance can be requested and approved even after you have received and Impairment Rating or even if you are applying for Supplemental Income Benefits.

If the Division of Workers’ Compensation approves an injured workers’ request for an advance, then a copy of the approval will go out to all parties. Once the insurance adjuster receives a copy of the approved advance, the insurance carrier has five (5) business days to issue the full amount of the advance to the injured worker. If the Division of Workers’ Compensation denies a request for an advance, the Division should provide a reason for the denial of a request for a cash advance.

If you are wanting to request a cash advance on your workers’ compensation claim, contact Abbott & Associates and one of our attorneys would be happy to speak with you.

Go through the original resource: http://www.workerscomp.com/cash-advances-in-texas-workers-comp-cases/

Texas Workers Comp Lawyer Proves Carpal Tunnel Caused By Job

In this case, a Texas Workers’ Compensation Lawyer set out to prove an injured worker’s injury included carpal tunnel syndrome (CTS) in her right hand. The insurance company disagreed, protesting that the injured worker was somehow trying to “change her theory of recovery” to include supposedly new symptoms. The Texas Workers’ Compensation attorney argued (successfully) that the later symptoms were linked to the initial injury.
The lawyer first convinced a hearing officer that the injured worker’s right-hand CTS was part of her original, compensable (meaning covered by workers comp benefits) injury. Importantly, the lawyer noted, the insurer didn’t even dispute that the injured worker had suffered a compensable injury to her hand. Medical records conclusively proved the injured worker was diagnosed at the time of a fall as having a right-hand strain the Texas Workers’ Compensation attorney emphasized that this was a fact the carrier had accepted.
Workers’ Comp Attorneys Find The Proof You Need
The injured worker was getting treatment from a chiropractor for several months, according to records from the Workers’ Comp lawyer, but her symptoms didn’t improve. Frustrated at having made little progress, the injured worker sought treatment from a medical doctor who noted loss of function in the ulnar and median nerves. The attorney showed this doctor then also requested an EMG. The EMG was proof, emphasized the Texas Workers’ Compensation lawyer, that the injured worker did indeed have CTS and cubital tunnel syndrome (or CuTS) of the right upper “extremity.” The insurance carrier then requested their own doctor examine the injured worker. The insurer’s required medical examination (RME) was performed, and the RME doctor also found that the injured worker had CuTS, median tunnel syndrome, and pronator syndrome.
The attorney observed that the RME doctor tried to minimize these findings, saying “Frequently, these are overuse syndromes and the [worker] was involved in repetitive-type tasks prior to the event of tugging on the large pans. Typically, these syndromes are not brought on by a single-tug event. In her situation, she was working for this company during the time when the repeated activities would occur and I will leave it to the hearing officer to decide which event is the one that gets paid for.” In other words, the Texas Workers’ Compensation lawyer noted, the RME wouldn’t blame the fall for the CuTS but he also didn’t rule it out.
The lawyer then responded that whether an injury extends to a particular part of the body (here, the right hand) is a factual matter for the hearing officer to decide. As Texas Workers’ Compensation rules also made clear, noted the attorney, a timeline alone doesn’t establish a causal connection between an accident and a later-diagnosed injury. In this case, the Houston Workers’ Comp lawyer emphasized that neither did the months between the fall and the showing of symptoms rule out a connection. In the same way, noted the legal representative, not telling a health care provider until later was also consistent with not disproving the fall or her work caused the CuTs.
Houston Workers’ Comp Attorney Wins the Case
The Texas Workers’ Compensation lawyer also proved that the continuing treatment of the injured worker’s hand was consistent with the condition diagnosed by the MD. This condition was also potentially explained in terms of the full range of what the injured worker did on her job. “This sort of injury,” observed the Houston Workers’ Comp lawyer, often occurred “over time, as opposed to the single incident” of her first being aware of a hand problem. Through use of job evaluations, the attorney went on to show a potential causal link existed between her on-the-job activities and the repeat stress injury.
The lawyer fully convinced the Appeals Panel that there was “definite and persuasive” evidence concerning the repetitive nature of the injured worker’s work. There was also a possibility the fall made the condition worse. The appeals panel upheld the award.
Workers experiencing repeat stress injuries frequently keep on working. A Workers’ Comp attorney is aware of this, and can help. This help begins when a worker seeks medical and legal advice. Experts advise that before the stress injury becomes too severe, to talk with an experienced Texas Workers’ Compensation lawyer.
Call us today at 281-444-COMP to find out how our experienced Texas Workers’ Compensation attorneys will assist your fight against your employer and insurance company.

Original resource: http://www.workerscomp.com/texas-workers-comp-lawyer-proves-carpal-tunnel-caused-by-job/

Adjusters In Texas Workers Compensation Claims

Time after time injured workers feel that they can handle their worker’s comp claim because they are being assisted by their adjusters, however don’t be fooled! The adjuster on a worker’s comp claim does not work for you they work for your company.
Adjusters are not your friends they are your foes. Adjusters are not taking into account your best interests instead their job is to minimize liability and keep costs low.
Many times injured workers believe that simply because they are receiving treatment and benefits there are no problems in their case but the majority of the time they are wrong. Just because you are receiving treatment does not mean that the adjuster has accepted all diagnosis your doctor has found to be part of your injury. If you look at the letters you receive from your adjuster you will see that the diagnosis that is universally accepted is a sprain/strain. No matter what body part you injured or how severely you injured it, adjusters always label the injury as a sprain/strain.
You may think to yourself, so what if they did, what difference does that make? Well it makes a world of difference. A sprain/strain is basically a bruise. So if your adjuster has only accepted a bruise that means you should only be receiving treatment and benefits for only 4-6 weeks. Do not let your adjuster close out your case before it’s ready. Again, simply because treatment, whether surgery, physical therapy, or prescription medications are being approved does not mean that your injury is being accepted in its entirety.
Not only will your adjuster try to limit your injury but they may also send nurses to your appointment to intimidate your doctors. Adjusters will claim that the nurse is there to help the doctor get a treatment plan or help with your medical care but the nurse is their spy. The nurse will always go in with you to your appointment and give her two cents regarding the treatment your doctor is recommending.
Many times she will try to tell the doctor to release you to light duty even if you are not ready to return to work. Other times she will suggest an alternative treatment and claim that it would be better for you overall should he chose her proposed treatment when in reality the treatment may just be cheaper than what the doctor proposed. Your adjuster should not be part of your doctor’s health decisions for you, he should be free to make his treatment plan as he sees fit and not be bullied into doing something else.
Finally another way adjusters try to minimize a worker’s comp injury is by requesting an injured worker sign a medical records release. As an injured worker you may think, well I have nothing to hide so why not sign the release? Well adjusters use these releases to obtain all medical records, sometimes even dating back 20 or 30 years.
If any one of those medical records shows any type of accident, injury, or anything that could remotely be linked to your current complaints the adjuster will use those medical records to try and say your injury was pre-existing. So now an injured worker is faced with not receiving medical treatment or benefits because back in high school he was in a fender bender that required no medical treatment but now the adjuster is saying the current complaints stem from that accident. Do not fall prey to the adjuster’s web of deceit. Simply because you were injured in the past does not mean that you did not sustain a new injury.
An injured worker should always consult a worker’s comp attorney when they are injured. You need someone on your side just as your company has on theirs so do not delay, contact an experienced worker’s compensation attorney today.

Original resource: http://www.workerscomp.com/adjusters-in-texas-workers-compensation-claims/