Terminated or FiredTerminated Following A Workers Comp Injury?
Fired After a Workers Comp Claim?
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.
A Texas employer has the right to terminate an employee following a work-related injury, but only if a few conditions are met:
- The employee may not be terminated because he or she filed a claim for workers compensation benefits
- The employee may not be fired for retaliation or “to set an example” for the others
- The employee may not be fired for seeking legal advice from an attorney
There are reasons that an injured employee may be fired. They are not limited to to, but may include:
- Not following mandatory, practiced safety precautions prior to the injury
- Failing to notify the employer of a change in health, status, or ability to work
- Refusing to be compliant with company policy following the injury
Often, the employer is forced to let the employee go, simply because the employer must fill the vacant job position with an able-bodied person.
If the injured employee is terminated because there is no light-duty position available, then that is also allowable. However, in this event, the injured worker will continue to draw income benefits until they expire.
Ultimately, to best know whether your employer has or hasn’t followed the law in these matters, it is important to consult with a Texas Workers’ Compensation Attorney. A good workers comp lawyer will know whether or not your employer has violated the law in these situations.
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