Workers Compensation in Texas?

Question

So I had some pain in my hand/arm because the abuse of the use of the mouse at work. The human resources ladies file a Claim for workers compensation, I didn't want het to do it, she did it anyway, I think in the long run is gonna hurt me 'cause the next job I take I will have to report that. I took one week of recomended by the doctor, I'm willing to pay it bak from my vacation time. Can call The Texas Department of insurance and say that she made a mistake?

Advice please.

Answer 1

The reason why HR filed it is because they want to protect themselves. So what does it mean?  It means by filing they won't get in trouble by their work comp carrier.  What happens if you did miss time from work and they didn't file it? They don't want to get in trouble by the state for not filing it properly so it was merely to protect themselves from any deviations that could have been levied by the state of Texas.

Answer 2

She doesn't have an option.  The law requires her to file the notice within three days of your telling her that your hand hurts.  

No, TDI has NOTHING to do with this.  This would be the department of industrial accidents - OSHA would get involved.  And she didn't make a mistake.

You can't "cover yourself" by telling a supervisor about a potential injury, and not file the claim, until six months down the road.  It doesn't work that way.

Answer 3

You can certainly try to contact the State.  However, if you work in a position that can cause a repetitive injury (carpal tunnel) your HR department is required to turn it in.  Many employers are aware of repetitive motion injuries and the fact that they can act up from a prior work related claim.  I truly do not think this is something you should really worry about.  If I were you, however, I would not have surgery unless it was absolutely necessary.

Good Luck!

Answer 4

I don't know how it is in Texas, but here in California, that sort of injury does not qualify. One of very many the da Schwartz has dumped. I think his ultimate plan is that you only qualify for compensation if two conditions are met;

1.) you have to have been killed on the job

2.) you apply in person.

I jest of course, but that is the direction Ahnauld is heading.