Legal Question in Workers Comp in Texas

worksmens comp

in texas can i be terminated while out on worksmen comp


Asked on 2/19/09, 6:12 pm

2 Answers from Attorneys

Matthew Lewis Booker & Lewis, P.C.

Re: worksmens comp

An employer cannot terminate an employee who has a work injury simply because the employee files a work comp claim. That is called retaliatory discharge and is prohibited by the Texas Labor Code. However, they can terminate an employee for other legitimate reasons, even if they are off work due to an injury. Most of the time these employees are terminated because the employer has to fill the position and get someone in to do the job. Sometimes the employee handbook specifies that any employee who misses a set period of time from work is automatically terminated. In these instances, the employer can terminate the injured worker.

Sometimes, though, it is hard to figure out why the worker was terminated and you might want to have your situation reviewed by an attorney. If you want to come in and let me look over your case, I would be happy to do so. I can also review your comp case and make sure you are getting everything you are owed under the law. If you aren't in the North Texas area, I would be happy to refer you to a quality work comp attorney in your area if you give me a call.

For additional information, you can check out www.dallasworkcomp.com.

Read more
Answered on 2/20/09, 11:13 am
Donald McLeaish McLeaish&Associates;, P.C.

Re: worksmens comp

yes..in many cases..we handle work comp and would gladly review your case

Read more
Answered on 2/19/09, 6:13 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in Texas