QUESTION

Can I be fired if I'm out on worker comp

Asked on Sep 22nd, 2015 on Employment Contracts - Texas
More details to this question:
I'm out on worker comp and my employer fired me over the phone. Will I still be able to receive my income
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
So my first answer splits a pretty fine hair - "yes" you can be fired while on workers comp leave but "no" you can't be fired because you filed a workers comp claim.  To elaborate - the law prohibits discrimination against (including termination of) an employee because he filed a workers comp claim.  However, if legitimate reasons exist (e.g. employer lost the contract on which you were working, employer no longer needs your position - that is they don't replace you with someone who does the same work, employer cannot do without you and replaces you and has no other jobs for you) then being out on workers comp leave does not immunize you from being fired. Though I am not a comp lawyer, I generally understand that if you are fired while on comp leave, the comp carrier will continue to pay your medical benefits, but will stop paying your lost income benefits. In my experience a lot of companies try to say they have a legitimate reason for firing an employee out out comp leave, but they are really just trying to reduce the dollars the comp carrier is paying out, so as to minimize future increases in their premiums, and to ensure that folks that do file such claims don't come back and file another claim later.  That rational violates the anti-retaliation provisions of the Texas Workers Comp Act. The only remedy for this is to find a labor and employment lawyer who represents employees.  Lawyers.com should be able to provide you with a list of such attorneys in your area. Good luck.
Answered on Sep 28th, 2015 at 12:38 PM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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