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.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.