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Is a legal procedure for my employer dening my sick pool leave due to falsely accusing me working during a workers comp claim?

Roscoe, TX |

Had a work injury so I was on workers comp and had a secound job but did not work during that time. Know my work is stating that a person went to them and told them that they saw me working there. Personal stated they did an investigation but was never asked or nethier was my employer at my other job or workers comp was not notified. For that reason they stated, thats why my my sick pool was denied.

Attorney Answers 4

Posted

You did not specify a category for your question. I've shared your question with Avvo's workers' compensation and employment law forums, where your question may be seen by more attorneys who practice in this area of the law.

*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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Posted

It's kind of a pitch in the dark. More info with a one on one consultation would be needed to flesh out the mind of the employer. Do you have a handbook? They may have a policy of simultaneous benefits (work comp combined with sick leave), one way or the other. (Allowed or not allowed). If an accusation of working a second job does actually interfere with work comp benefits you are best served by bringing this to a benefit review conference with an attorney and witnesses or witness statements in your favor.

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Posted

You should retain legal counsel. If you WERE working you will need some help to keep your job. If you were not not working, you will need some help to get your benefits reinstated.

We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

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Posted

In Texas, the workers' compensation laws allow employees who get injured on one job to continue to work at their second job, if able, and still collect workers' comp benefits. There are some hoops to jump through, but it is common and legal. You need to get a good workers' comp attorney involved in your case immediately.

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