QUESTION

Work injury.

Asked on Nov 30th, 2015 on Workers Compensation - Texas
More details to this question:
My husband was injured at work. His boss told him that he can't prove that it happened at work and that if he proceeded under workers comp they will fight it and he will get fired. Is this legal?
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1 ANSWER

Dennis Kergick
Unfortunately for injured workers, a company can fight a claim for workers’ compensation and often does, even in situations where the cause of the injury can seem clear.  It’s important to understand that an injured worker must be prepared to “prove” to a Workers’ Compensation Judge how the injury occurred, that the injury occurred in the course and scope of the employment, and that the injury resulted in medical treatment and/or lost wages.  This situation is obviously made much easier by dealing with an experienced attorney.A company cannot fire an employee in retaliation for bringing a workers’ compensation claim but companies are skilled at finding other reasons to terminate an employee.  Texas is an at-will employment state and in most cases an employer does not need a good reason to terminate an employee. That being said, if you are terminated while pursuing a claim for workers’ compensation benefits, your case could actually be HELPED by being terminate from the job. For additional information read our article on the mistakes that workers make when filing a Workers' Comp Claim.
Answered on Dec 17th, 2015 at 12:36 PM

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