Houston, TX asked in Workers' Compensation for Texas

Q: Can my fiancé decline workers comp for an accident?

My fiancé got into a minor accident while on the job. He refused medical treatment as he felt fine and there was no bleeding, just minor bruises. He finished up the work day with no problems but the next morning he woke up with his body feeling a bit sore and decided just to call in sick. He did not file for workers comp or anything because he didn’t feel like he needed to. His work has now hired Sedgwick, a third party company that handles workers comp claims and others claims, but he never filed a claim to begin with. Can he decline the claim and workers comp?

Related Topics:
1 Lawyer Answer

S. Michael Graham

PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Dallas, TX
  • Licensed in Texas

A: If your husband missed a day of work, the employer is required to file a claim. He doesn't have to go to the doctor if he doesn't want to or he doesn't feel injured. If he is injured, he could also go to his own doctors and pay out of his own pocket instead of having workers' comp pay 100% -- dumb idea.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.