Legal Question in Workers Comp in Texas

My employer has notified me that if I have not returned to work by a specific date I will be terminated. I have been out on Worker's Comp for 4 weeks and am still undergoing treatment for my injury. Can they terminate my employment if I am out on Worker's Comp.?


Asked on 9/13/10, 7:59 am

2 Answers from Attorneys

Jason Kipness Kipness Law Firm

You need to contact the doctor that is treating you and find out if they released you to work.

If you have been released to either full or light duty, you must report to work. If you have not been released by the doctor, they cannot fire you or force you back to work.

You also need to confirm your employer has workers compensation and a claim has been filed with the TX Division of Workers Compensation.

For free information and videos on work injuries, visit www.kiplawfirm.com.

I would be happy to answer any questions for free. I can be reached at 214-800-3454 or [email protected]. All e-mails are confidential.

Sincerely,

Jason Kipness

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Answered on 9/18/10, 8:25 am
Donald McLeaish McLeaish&Associates;, P.C.

Perhaps..laws exist to be enforced if you can find a lawyer to sue..but generally employers have the upper hand..and they may have the right to fire. Our firm and a few others help work comp claimants..and take caes or wrongful termination. Call us or one of the others but a basic answer..is probably the employer can terminate you...depends upon a lot of factors

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Answered on 9/18/10, 4:09 pm


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