How do you forfeit your rights to worker’s comp?
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How do you forfeit your rights to worker’s comp?
My son injured his leg at work. The company had him fill out an accident report, then told him that he had a choice of leaving to seek medical treatment or take the rest of the day off. Being young, he told them he would take the rest of the day off. Upon arriving at home, his roommate convinced him to go to the emergency room and he received 10 stitches. The following day, he reported to work and askedabout filing a workmans comp claim. The company informed him harshly that since he elected to take the rest of the day off, he forfeited his rights to workmens comp. Is this right?
Asked on June 21, 2011 under Employment Labor Law, Texas
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No his work is incorrect. He did not forfeit his right to workman's compensation. His employer is trying to pull the wool over his eyes in terms of any workman's compensation. He should still apply and see if an accounting needs to be made in terms of that day off and any other time off he needs for his injury. Further, consider that if this injury occurred in a OSHA covered/regulated environment, then the employer could be facing some actualy regulatory liability. The employer was trying to have the employee sacrafice his time when this was clearly a workman's compensation issue and if the human resources department did not properly inform him, then it could be an EEOC issue or a state labor department issue, as well.
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