What's New
On September 1, 2005, the Texas Legislature made the most sweeping changes to the Texas Workers’ Compensation System that have been made in over a decade. These changes were the most drastic since the changes instituted by the 1989 Legislature. THE MOST DRAMATIC CHANGES TO THE CURRENT SYSTEM AFFECT YOUR RIGHT TO YOUR CHOICE OF DOCTOR along with many other areas of the workers’ compensation arena and personal injury actions.
Although there was some additional changes in 2007, these were not nearly as drastic as the changes made several years ago. Under the newest changes in laws, insurance carriers and employers will have the right to create its own workers’ compensation health care networks and choose the treating doctor’s for injured employees.
These new laws affect:
- Your rights to chose your own doctor
- Your rights to file complaints and disputes with the insurance carrier
- Your rights to have your case heard before a Judge
- Your rights to dispute medical denials
- The burden you must overcome to challenge a Designated Doctor successfully
- What types of doctors may offer opinions regarding your claim
At present, very few, if any, new rules have been promulgated to coordinate the affect and timing of these statutes. At this point several rules conflict with the new law, which has thrown the Texas Workers’ Compensation in limbo. Without an understanding of the law and how it is designed to operate many times the injured worker may be asked to do things which he or she may not have to do.
Additionally, the new laws have contemplated the construction of health care networks. This may dramatically affect your choice of treating doctor in various localities. With a change in the health care process, a change will come regarding the way in which injured workers are able to contest denials of preauthorization and entitlement for health care services.
Since the law and the rules of the Division of Workers’ Compensation are in opposition, it becomes increasingly important to make certain one has an advocate who can guide the injured worker through this trying and fluctuating period. New rules are being promulgated all the time and it is of vital importance that injured workers keep up-to-date on the changes. Our attorneys are able to continue to provide quality services despite this time of uncertainty. We have been able to advocate on behalf of our clients at key moments in the Dispute Resolution Process in order to gain strategic advantages and secure Texas Workers’ Compensation benefits to the maximum extent allowed by the laws of the great state of Texas.
Because of the changes to the system it is extremely important that injured parties have counsel and legal advice in pursuing their claims. The Law Offices of Miller & Bicklein continue to educate themselves and participate in the changes being made, advocating on behalf of injured parties at every opportunity provided.