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Can You Follow Your Own Rules?

Games Carrier’s Play 

In 1991, the way Texas work injuries were handled changed drastically. Injured workers lost the right to sue their employers for negligence. In exchange, they were promised a system that would provide medical treatment for their injuries and review claims fairly for the benefit of the worker. 

At that time, insurance companies argued that attorneys representing injured workers needed to be removed from the process. They claimed eliminating attorneys would make the system more efficient and ensure better care for employees. 

The 2005 Workers’ Compensation Changes 

Fast forward to 2005. The system originally created to protect injured workers was modified again. This time, employees lost the ability to choose their own doctor. Instead, insurance companies created medical provider networks and decided which doctors could treat injured employees. 

The argument was the same: doctors focused on treating injured workers should be excluded to make the system more “efficient.” If disputes arose, workers were required to see a state-selected designated doctor to resolve them. 

Workers’ Compensation in 2025 

Now, in 2025, the situation has grown worse. I recently cross-examined a doctor testifying for an insurance company. Under oath, he admitted that designated doctor training instructors told doctors not to follow the AMA Guides to Permanent Impairments. 

The impact is clear: impairment ratings for injured workers are being deliberately lowered. Many designated doctors even remove the phrase “history of guarding” when determining a DRE category, further reducing ratings and benefits for Texas workers. 

The Erosion of Workers’ Rights 

The truth is simple: in 1991, Texas took away injured workers’ constitutional rights and replaced them with an administrative process. Since then, that process has been steadily eroded by insurance company lobbyists. Injured workers are left with fewer protections and less access to fair treatment.  

What Injured Workers Need to Know

If you have been injured on the job in Texas, understand this: the insurance company is not on your side. Their doctors may not have your best interests at heart. Do not accept their word as final. 

Instead, consult with a Texas workers’ compensation attorney or another trusted professional who can protect your rights, review your medical care, and ensure your impairment rating is accurate. 

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