Legal Question in Workers Comp in Texas

Legal advise for worker's comp injury

Was hurt by another employee who was not certified to be driving the piece of equipment which he hit me with. Going in for 3rd surgery. Will be off work for 7 mths to a year. Have accident report which puts all blame on that employee. company said if I'm not back at work in 12mths they will fire me. Do I have any legal action?


Asked on 9/21/07, 10:59 pm

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: Legal advise for worker's comp injury

Many employers have termination of employees if off work for 6 months,ie, Dallas DART does..and it is legal..However, your biggest problem will be to get your work comp benefits ..weekly pay and medical treatment..and you will quallify for retraining..if you are not able to go back to the same employer under the DARS program..ask your doctor about it..

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Answered on 9/22/07, 6:53 pm


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