Can an employeer decide to pay sick days without notifing employee which is on workers comp. leave?
Asked in Marble Falls, TX on February 11, 2026 Last answered on March 2, 2026I have suffered a Traumatic brain injury from a fall at work in icy conditions on a concrete parking lot on 01/28/2026. The Corporate Safety Director told Sharon that it was a significant other while I was in the ICU. This was not a workers' compensation claim, and I would use the AD&D policy, which only pays $50,000.00.
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Free Consultation An employer generally cannot unilaterally decide to use an employee’s sick days while the employee is out on workers’ compensation leave without notifying them. In most cases, workers’ comp benefits are separate, and the employee must be informed and give consent before any accrued sick time is used. The exact rules depend on state law and the employer’s written policies, but lack of notice is often improper and may affect your benefits.For guidance on your specific situation, contact Bennett Legal.
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