Arlington, TX asked in Personal Injury, Employment Law and Workers' Compensation for Texas

Q: Can a company payroll deduct for a damaged tool workout your prior knowledge? Is there a timeframe for workplace injuri

I recently dropped a piece of equipt. accidentally while working and caused damage. I work in the field and it had rained previously in the day. The ground was not stable and slippery and I slipped while carrying it back to the truck. I also injured my back but did not see a doctor. The company sent the equipment off to be fixed and started to payroll deduct the cost from my check without my knowledge. I also had to write out a statement as to what happened where I outlined that my back was still hurting. Can they deduct without my knowledge and is it too late to get my back looked at?

2 Lawyer Answers
S. Michael Graham
S. Michael Graham
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Dallas, TX
  • Licensed in Texas

A: If you are hurt at work, you need to report your injury as soon as possible. You should try to have it reported in writing. You should also try to see a doctor to document your injury. You will also need to know if your employer carries a policy of workers' compensation with the Texas Department of Insurance or in they have a self-insured occupational injury plan, or if they don't have anything at all. I'm not too sure if they can deduct the cost of broken equipment. You might want to consult with an employment law attorney or maybe the Texas Workforce Commission would be able to answer that question.

Juan B Hernandez
Juan B Hernandez
Answered
  • Licensed in Texas

A: I agree with the previous comment regarding your work-related injury. Also note, if the company does subscribe to workers' compensation and you file a claim, the Company cannot retaliate against you for filing such claim. As for the wage deduction, the employer is allowed to deduct these wages from your paycheck only if they obtain written authorization from you before they do so. Some employers require employees to sign a policy that allows them to do so as part of the initial hire. Below is a link that might help you with this situation: https://www.dol.gov/whd/opinion/FLSA/2006/2006_03_10_07_FLSA.htm.

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