Legal Question in Workers Comp in Texas

I injured my back about 5yrs ago and had surgery,Workers Compensation covered the bills, now my back is giving me alot of pain to the point I can barely make it to work,I know i'm going to need surgery again,

Will my insurance cover this injury ?

Do i file another claim with Workers Compensation ?

I don't know what to do or who to talk to.


Asked on 8/28/09, 9:51 am

2 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Call our office..if you have continued to work then you probably aggravated the injury..and insurer will probably deny coverage claiming intervening cause..if your present employer has work comp insurance, it may cover...but if we had a National Health plan...you would be covered and would only need a lawyer to get your monetary benefits...

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Answered on 9/02/09, 10:05 am
Matthew Lewis Booker & Lewis, P.C.

If the current back problems are related to the workers' compensation injury that you had several years ago, then the workers' comp insurance carrier should pay for the surgery. If there is another reason why your back is bothering you, then the insurance company would not be liable. There may be an argument that will need to be litigated over whether or not the current back problems stem from the prior work comp injury.

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Answered on 9/02/09, 11:04 am


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