Many workers who are injured on the job worry about filing a workers’ compensation claim for fear of getting fired in retribution.
There’s one important thing to remember: In Texas, your employer cannot fire you for filing a workers’ compensation claim in good faith.
As long as you’ve filed your workers’ compensation claim in good faith - meaning you truly believe your injury was a result of your employment and you’re not being deceitful - you cannot be fired in retaliation.
If you can’t work due to your injuries, your employer must pay you disability pay and cannot fire you simply because you can’t work.
Here are some ways to protect yourself if you’re filing a workers’ compensation claim:
1. Contact an attorney as soon as possible. Having a lawyer knowledgeable in workers’ compensation claims can help you know what to expect with your claim.
2. Attend all scheduled doctor appointments. If you refuse treatment, you could impact your claim.
3. Accept work accommodations. Once you are well enough to return to work on light duty, accept the position offered to you. If you decline the position, your employer can let you go.
4. Document everything. Keep all slips from doctor appointments, all emails, and letters from your employer or your employer’s insurance company, and take detailed notes during any phone conversations with your employer or your employer’s insurance company.
If you have been involved in an accident while on the job, contact my office for experienced representation for your personal injury claim. After your free consultation, I promise you will leave with:
- A detailed explanation of your situation
- Information on your options for proceeding with a claim
- Peace of mind knowing someone is on your side
We can’t make right what happened, but we can help you get the compensation you deserve.