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## Situation at Work and Filing a Workmen’s Comp Claim in Texas

I recently encountered an incident at work that resulted in me filing a claim with Workmen’s Comp in Texas. Unfortunately, as a consequence, my employer decided to take away my unpaid days and my accrued PTO. I’m unsure if this action is even legal on their part. Despite being off work due to the incident, which was caused by the negligence of the employer, I fail to comprehend how they could use this against me. It feels unjust and unfair to be penalized in such a manner.

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4 Comments

  • Frontdelindepence

    NAL:

    I’m a California WC Subject matter expert. I’ve been in WC for 20 years.

    That being said each state has different rules.

    For Texas WC go to [Texas WC](https://tdi.texas.gov) site to look up information.

    Texas does have what is called a waiting period. The waiting period is seven days. The waiting period is waved if you miss more than 14 calendar days then you will get those seven days.

    The way that this is calculated is based upon your date of injury and the medical report.

    For example, if you are injured on Tuesday April 2nd, the insurance carrier will call your employer and ask if you were paid in full for the date of injury. If yes then the disability period would start on Wednesday 4/3.

    Please note that you need a medical report to be taken off from work or put on modified duties.

    Modified duties are given and your employer either by agreeing to to accommodate restrictions given by your doctor or to decline accommodation (they don’t have a position or cannot accommodate the restrictions).

    If your employer cannot accommodate your restrictions then you are owed temporary disability benefits.

    Unfortunately if you missed 14 days or less as a result of your injury the first seven days are not covered by the employer. That doesn’t mean they can cover but they have no legal requirement to do so.

  • ATX-GAL

    Did you take short term disability? If so normal to use accrued time off.

  • MascDenPnPBttm

    Just an FYI- there is no such thing as workman’s comp… it’s WORKER’S COMP…

  • MollyGodiva

    That would be illegal retaliation.