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
S. Michael Graham
  • Workers' Compensation Lawyer
  • Dallas, TX
  • Licensed in Texas

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.

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.