Can you be fired while on workers comp in texas

Can my employer fire me for filing a workers’ compensation claim?

can you be fired while on workers comp in texas

Workers' compensation in Texas helps cover your lost wages and pay for medical treatment but does not necessarily protect your job while you are on leave. This means your employment may be terminated at any time for any reason. You may still be laid off while on workers' compensation as long as the claim is not the.

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However, it is actually illegal for an employer to terminate an employee who is seeking workers' compensation benefits, has hired an attorney for an injury claim, or is otherwise acting in good faith after an injury at work. Section of the Texas Labor Code expressly forbids discriminating against employees for filing valid workers' compensation claims. The law dictates that no person may discharge or in any other manner discriminate against any employee who has:. The purpose of these laws is to allow injured employees to be treated fairly and receive adequate compensation after an injury on the job. As long as an injured employee genuinely needs compensation to recover from an on-the-job injury, the right to payment shall be protected under state law.

Following an on-the-job injury , there are many aspects of the relationship between the employer and employee that suddenly change. The employer may immediately terminate the injured worker, or may wait until after a claim has been filed. In some cases, employers keep the injured worker on payroll, especially if the employee has a long, successful tenure of working with the company prior to the injury.
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Many Texas employees fear that if they speak up about their workplace injury or illness then they will receive some sort of retaliation from their employer such as harassment, demotion, or even being fired. Texas is an at-will employment state, which means that workers can be fired for almost any reason. They can be fired for cause, without bad cause, or without any cause. However, there are some important exceptions to this general rule. One of these is that of being a contracted employee. If you have an employment contract, it may specifically define when and how you can be let go. Unfortunately, it is true that a worker can be fired for getting hurt on the job in some cases.

Terminated or Fired

Can I Get Fired While On Workers' Compensation?



  1. Eugen C. says:

    What If I Was Fired While Pursuing Workers’ Comp Benefits?

  2. Alexander W. says:

    Getting Fired While on Restricted Duty in Texas. Texas is an at will employment state, which means you can be fired for any reason or for no.

  3. Lahuen B. says:

  4. Maria G. says:

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