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?

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1 Lawyer Answer

S. Michael Graham

  • 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.

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