Can My Employer Fire Me While I'm Out on Workers' Comp in Texas?

Understanding Your Job Security While on Workers' Compensation in Texas

If you've been injured at work and are currently receiving Texas workers comp, one of your foremost concerns might be whether your employment is secure during this period. The nuances of employee rights in Texas under such circumstances can be complex, and understanding these details is crucial. This article aims to shed light on whether an employer can legally terminate an employee while they are out on workers' compensation.

Can You Be Fired While on Workers' Compensation in Texas?

First, it's important to understand that Texas law does provide some protection for workers who are injured on the job. The  Texas Workers’ Compensation Act prohibits employers from terminating an employee solely because the employee has filed a workers’ compensation claim. However, this does not render an employee entirely immune from being fired. If there are legitimate reasons unrelated to the injury or the claim - such as economic downturns, overall workforce reductions, or documented performance issues predating the injury - an employer may still legally be able to terminate an employee.

So, while you are on workers' compensation, your employer cannot fire you only for making a workers' comp claim. Nevertheless, this protection does not cover other lawful grounds for termination that might arise during your leave.

Steps to Protect Yourself From Unjust Termination

If you are currently on workers' compensation and concerned about your job security, there are several proactive steps you can take to protect yourself:

1. Maintain Open Communication: Keep a clear and documented line of communication with your employer about your injury, recovery process, and anticipated return to work. This can help alleviate any potential misunderstandings about your situation and intentions.

2. Understand and Follow Company Policies: Ensure you are fully aware of and comply with any relevant company policies. This might include policies regarding the reporting of injuries, ongoing communication during absence, and protocols for returning to work.

3. Document Everything: Keep thorough records of all correspondences with your employer regarding your injury and workers' comp claim, as well as any documents related to your employment and medical condition. Documentation can be crucial if there are any disputes about your employment status.

4. Consult with a Workers' Comp Attorney: Perhaps the most critical step is to seek advice from a legal professional who specializes in workers' compensation law. They can provide guidance specific to your situation and help ensure that your rights are fully protected.

Seeking Legal Help If You’re Fired on Workers Compensation

Being terminated from your job while on workers' comp can be a distressing experience, especially while dealing with a physical recovery. If you believe that you have been fired on workers compensation unjustly or as a direct consequence of your injury or claim, it's essential to seek legal assistance immediately. An experienced workers' compensation attorney can help you determine if your rights have been violated and what remedies might be available to you.

An attorney can also assist in negotiating with your employer for reinstatement or settlement, or in pursuing a claim against your employer if wrongful termination is evident. The support of a seasoned legal professional can be invaluable in navigating the complexities of workers' compensation law and protecting your interests.

This article is for informational purposes only and does not constitute legal advice. If you’ve been injured at work in Texas, consult with an attorney to understand your rights.