North Richland Hills, TX asked in Personal Injury and Workers' Compensation for Texas

Q: I had personal leave days. I was told I had to use my leave days 4 a not at fault injury on the job for WC to pay. True?

I only had 3 days of leave before i got injured which was no fault of my own. I was told I had to use my leave days b4 WC paid any benefits for me missing work. Now once I able to return to work if myself or my child gets ill and I have to take off. I will be docked for a day off work bc my leave days were taken when i got injured on the job and it was no fault of my own. Can they do this?

1 Lawyer Answer
Roy Lee Warren
Roy Lee Warren
Answered
  • Workers' Compensation Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: I am having a great deal of difficulty understanding your question. Are you asking if the employer can tell you to use your personal leave days after you were injured at work? Whether that would be proper depends on who your employer is. Governmental entities give employees a choice of taking leave, but it seems you're saying your employer orders you to take it? As I understand your question that would be improper because you earn your leave. The law prohibits employers from requiring employees to pay for their own wc insurance so in essence the employer violates that law by requiring an employee to take earned leave.

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