Can my employer file a workman’s comp case on my behalf without my knowledge or consent?

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Can my employer file a workman’s comp case on my behalf without my knowledge or consent?

I need to know if an employer can file a workmans comp case for me without my
knowledge or consent. I injured my hand at one job but can still work at my other
jobs and I do not want a workmans comp claim because I am worried I may be
accused of fraud. I filed for short term disability because my doctor told me that my
hand won’t heal if I keep doing what’s irritating it. Like I said earlier my other job is
such that my injured hand is not a concern. I feel like I’m being railroaded and I
need answers. If I need a lawyer so be it, but I’m a single mother and I can’t be out
of work at both jobs at the same time. Pleas help…

Asked on March 2, 2017 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your employer is required to report the injury to the workforce commission if they believe it to be valid workplace injury.  So, yes, they can and should report the comp issue.  However, you do have rights.  WC has an ombudsman program where you can get legal support specific to your case.  You are free to go and visit with an attorney, but the onbudsman program is an alternative source of assistance that doesn't cost you anything.  Go visit with that program, have them review your case, and see what benefits or alternative duty you should qualify for while your hand heals to minimize the financial impact on you and your family.  This will also keep you from feeling like you are being railroaded.


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