Re: I Don't Want to File a Worker's Comp Claim but My Employer is Insisting

Quoting
Riehletl
I am troubled by several responses indicating belief that being forced or bullied into filing a claim you do not ask to file somehow 'does you no harm at all' and the subsequent advice to 'just give HR what they want' and forget it.
The very real truth of the matter is that should you allow this to occur you are ABSOLUTELY leaving yourself vulnerable to a small variety of unpleasant chain- and/or retaliatory consequences;
-you could be legally charged (or maybe just 'disciplined' by your employer) for filing a 'false claim'
*Should you need to file a future claim, this force-filed claim will automatically be strike one against you when the NECESSARY claim comes under review; from there, refer back to that first example...
... Etc,Etc ...
I was going to just delete this as nonsense but decided to leave it - I have no idea of what you're talking about.
No where in this thread do I see " several responses indicating belief that being forced or bullied into filing a claim you do not ask to file somehow 'does you no harm at all'"
I think you're referring to Bvia's response which stated the employee must file a claim and give HR whatever they want which was incorrect.
If you bothered to read what was actually posted, you'd see we said the exact opposite.
See, this is one of my responses......…..
The employee has the right to " to reject workers’ compensation coverage and retain their
common law right of action."
EMPLOYER RESPONSIBILITIES
Reporting Workers’ Compensation Insurance Coverage to Employees
Employers must tell their employees that they carry workers’ compensation insurance by providing a written
notice of coverage to new employees upon hire. The written notice must inform employees of their right to
reject workers’ compensation coverage and retain their common law right of action. This notice must be in the
wording and format prescribed by TDI-DWC’s New Employee Notice.
http://www.tdi.texas.gov/pubs/factsheets/employerrr.pdf
Tony
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.
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