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  1. #11
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,762

    Default Re: I'm Fine, I Don't Want to File a Claim but My Employer is Insisting

    After reading what Tony posted last, I think the employer wants you to file workers' comp so that you don't have a tort cause of action against them any longer. A TX workers comp lawyer may be able to tell you why they are pushing you to file a comp claim. If I am correct it is all about protecting themselves from a potentially more expensive tort claim.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  2. #12
    Join Date
    Oct 2019
    Posts
    1

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

    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 ...

  3. #13
    Join Date
    Oct 1971
    Posts
    5,053

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

    Quote Quoting Riehletl View Post
    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.

  4. #14
    Join Date
    May 2010
    Posts
    587

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

    That posters first post was like that?....Sounds more like a right wing hate monger!...They are all over the internet spreading lies and disinformation.....They pretty much nailed the disinformation!

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