Fort Worth Texas Employees Request To Change Treating Doctors (Non Network)

State:
Texas
City:
Fort Worth
Control #:
TX-TWCC53-WC
Format:
PDF
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Description

This is one of the official workers' compensation forms for the state of Texas.


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FAQ

An employer is not allowed to fire an employee who makes a claim for worker's compensation. They cannot fire a person because of a disability either. Employers are prohibited from firing a person from their job if the disability affected one's ability to perform the job and whenever they are on restricted duty.

Choices if you are being treated in an HCO The HCO must give you a choice of physicians within 5 days after you request a change. If you are covered by employer-provided health insurance, then 180 days after your injury or illness is reported to your employer, you are allowed to switch to a doctor outside the HCO.

Some states limit the length of time an injured worker can receive temporary benefits. This range can be three to seven years. That said, there is not usually a limit on permanent disability benefits. However, some states do stop weekly benefits when employees reach the age of 65.

As stated in the Texas Labor Code, you have the right to choose your treating doctor in a workers' compensation claim. If, following your injury or illness, you were seen by the company doctor, then you only have 10 days to find a different doctor otherwise the company doctor becomes, by law, your treating doctor.

An employee can sue after receiving workers' comp in the event that the employer was grossly negligent. However, suing for gross negligence is also not a workers' compensation lawsuit. Employees can also sue a third party that played a role in the injury or death of an employee.

Many states also impose a cap on pain and suffering damages. In Texas, there is a cap of $250,000 on pain and suffering damages in medical negligence cases. Even if the per diem or multiplier method calculates a number above the cap, Texas courts can not grant you an award higher than $250,000.

Workers' Compensation In Texas Whereas employers who do this in other states have broken the law, that is not the case for Texas employers. In Texas, if the workers' compensation coverage is either non-existent or insufficient, a worker can sue for full compensation.

Workers' comp in Texas lasts the entire lifetime for the claimant when it pertains to the medical care that the claimant receives. In other words, for your entire life, the workers' compensation insurance company is supposed to pay for all your medical pay that you need for your injury.

Filing for Medical Malpractice A workers' comp doctor can be sued for medical malpractice, just like any other doctor.

You can sue for compensation in Texas if a medically negligent act resulted in the injury or death of you or a loved one. But obtaining that compensation without filing a lawsuit is complex and rarely done because Texas has specific requirements to begin negotiating a medical malpractice settlement.

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Fort Worth Texas Employees Request To Change Treating Doctors (Non Network)