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

Q: Can employer force you to file a workers comp claim for an injury that occurred outside of work, not in the work place?

Only one day of work was missed, and the employee was fine to return to work the next day. The injury was unrelated to the job, happened outside of work; and the employee doesn't need workers compensation, just a day to rest at home and take some medication. Can the employee refuse the workers comp claim?

2 Lawyer Answers

S. Michael Graham

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

A: There is no reason to file a workers' comp claim if the incident was not work related. Work related injuries can occur off the premises if the incident occurred while you were in the course and scope of employment.

Rahlita D. Thornton

  • Houston, TX
  • Licensed in Texas

A: One of the reasons employees file workers comp claims is to get paid for lost income and medicals. So, more than likely it will be of no consequence that one refuses to file the claim.

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