Beaumont, TX asked in Employment Law and Workers' Compensation for Texas

Q: I am currently going through wokers comp because of an injury at work. When my employer gave them my wage statement

For the last 13 weeks they put down 20 hours, 33 hours, 30 hours, 40 hours etc. I was actually working a ton of overtime. 60 hours, 60 hours, 58 hours, 48 hours, etc. there was only 1 week that I worked 38 hours and that was because I hurt myself on a Thursday and left early. The head representative for HR signed it and said it was true and correct. Isn’t that illegal? If I were to do that I would be put in jail, fined, denied benefits and fired. What happens to the big wigs when they are corrupt like that? Because of the false hours they put down it made my back pay very low, and my average weekly very low. I’m unable to pay my bills. I only ever wanted to just be fixed. It was never about the money. But they have ruined my life.

1 Lawyer Answer
S. Michael Graham
PREMIUM
Answered

A: If you have a claim filed through the Texas Department of Insurance, Division of Workers' Compensation, you have the right to challenge the wages your employer has listed at an administrative hearing. The easiest way is for you to get copies of your paycheck stubs to document your actual wages and actual overtime. The week that you were injured should not count. A qualified workers' compensation attorney can assist you in these legal matters if you so choose.

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