The Injured Workers' Advocate
The Center for Injured Workers, Inc. is created to help injured workers defend themselves
against unscrupulous workers compensation insurance carriers who abuse, humiliate, and
deny medical and indemnity benefits to injured workers. The enactment of the Workers’
Compensation Reform Act of 1989 made it extremely difficult for injured workers to get
attorney representation. The Act prohibited insurance carriers from paying attorney fees
and instead mandated that injured employees pay attorney fees from their meager workers’
compensation weekly benefits. If the injured worker receives no income benefits, or is only
entitled to medical benefits, or only requires clinical and/or laboratory tests, the injured
worker has no ability to pay for attorney representation and is at the mercy of the carrier
But that was not all. Under the doctrine of liberal construction, where a word or phrase is.
|Center for Injured Workers, Inc.
A Non-Profit Corporation
CIW offers consulting and educational services to health care providers who experience delays with getting paid,
have been denied payment, or need help to resolve other carrier problems or need staff training. Unfortunately,
we are not attorneys and even if we were, our Charter limits us to providing education and training services. But
education and training is what the staff from health care providers need to become more efficient in processing
the payment of bills. If you need further information, ask questions, and/or discuss possible arrangements for
assistance call CIW at 210-995-4430.
CIW is a non-profit corporation. Tax deductible charitable contributions are welcomed. For more information,
please contact Carolyn at 210-995-4430.
ambiguous in remedial legislation, the Act mandated that it be liberally construed in favor of the insurance carrier
instead of in favor of the injured worker as had been held since the inception of Workers’ Compensation in
Texas. This was changed because the purpose of the 1989 Act was no longer to provide adequate, equitable
and timely benefits to injured workers so they could safely and timely return back to work. The purpose was to
reduce the premium costs paid by employers.
Healthcare Consulting Services
Changes to the 1989 Act have further eroded the ability of injured workers to get reasonable
and necessary workers’ compensation benefits. Benefits simply disappear for the more
seriously injured employees who have not recovered from the painful and destructive effects
of the injury due to the cost containment efforts. Employees do not choose to be injured.
Accidents happen for many reasons. The carrier has the right to investigate but the carrier
has no right to intimidate, abuse, harass and discriminate against the injured worker. The Act
originally set forth a compensation scheme that is based on a three-party agreement entered into by the
employer, the employee and the workers’ compensation carrier. Under the agreement the carrier agrees to
compensate the employee for injuries sustained in the course of employment and the employee agrees to waive
his common law rights against his employer for any job-related injury.
From working with injured workers, it is clear that employers want to protect their employees because they are
their most valued investment. To recruit, select, orient, train, and develop a productive effective employee not
only takes time but is also costly. If an employee is injured, the employer expects the employee to be able to
return back to work in a safe and timely manner. When an insurance carrier delays, denies, and/or fails to deal
fairly and in good faith with the employer’s injured employee in the processing and payment of claims, the
employer and the employee suffer the economic and financial consequences.
For over 9 years, CIW has been teaching, educating, training, informing, and showing
injuredemployees how to make informed decisions as they navigate the complex workers’
compensation system in order to preserve their workers’ compensation benefits with the help
of their healthcare provider and attorney or ombudsman as they safely and timely return to
CIW is an IRS 501(c)(3) educational and training non-profit corporation. CIW does not assist or represent an
injured worker nor provides any services regulated by the Texas Labor Code Sections 401.011(37) and
410.006(a) and/or 28 Texas Administrative Code Rule 150.3(a)(3). Because the Division of Workers'
Compensation does not provide "brown bag sessions" or any type of live training to educate injured workers, as
they do for insurance carriers and health care providers, CIW, pursuant to the Texas Labor Code §402.084(b)(1)
and the Texas Government Code §552.023(a), provides private, fee-based services to educate and teach injured
workers so they will not become victims within a system that is supposed to help them.