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Houston Work Injury Lawyer Reveals: Can I Be Fired if I Was Injured at Work?

In Texas, it’s generally unlawful to fire an employee solely because they were injured at work. However, an employer might still terminate an employee for other legitimate reasons, such as poor performance or company-wide layoffs. If an employee files a workers’ compensation claim following an injury, Texas law also protects them from retaliation, including termination.

The fear of retaliation or termination should never deter you from seeking the compensation you are entitled to. At Abraham Watkins, we are here to guide you through the legal process and fight for your future. We are one of the longest-serving law firms in the state, having been established for more than seven decades. Our dedicated team is here to support and guide you to ensure that your rights are upheld.

With our no-win, no-fee approach, we are committed to offering our professional services to you without any upfront costs. Contact us today for a free consultation. We’re ready to advocate for your rights and work tirelessly to help you secure the justice you deserve.

Arrange a free consultation today at 713-222-7211.

What is Workers’ Compensation?

Workers’ compensation is a form of insurance that offers benefits to employees who suffer work-related injuries or illnesses. Its main purpose is to cover medical expenses, compensate for lost wages, and provide financial support during the recovery period. It operates under a “no-fault” system, meaning benefits are provided irrespective of who was at fault for the incident.

If you have suffered a work-related injury, the workers’ compensation system could play a significant role. It could help ensure you receive the necessary medical treatment and compensation for your time off work, thus reducing the financial burden.

Wgat Damages Can I Claim in a Workers’ Comp?

Workers’ compensation is a form of insurance that provides benefits to employees who suffer job-related injuries or illnesses. The specific benefits available can vary based on the severity of the injury, the laws of your state, and the specifics of your employer’s workers’ comp policy, but generally include the following types of damages:

  • Medical Expenses – This includes all reasonable and necessary medical treatments related to the work injury or illness. It can cover hospital stays, surgeries, physical therapy, prescriptions, and sometimes even transportation costs for medical appointments.
  • Temporary Disability Benefits – If your injury or illness requires you to take time off work for recovery, you may be eligible for temporary disability benefits. These benefits typically cover a portion of your lost wages while you’re unable to work.
  • Permanent Disability Benefits – If your work-related injury or illness results in permanent impairment that impacts your ability to work, you may be eligible for permanent disability benefits. The amount can depend on the severity of your impairment and its impact on your earning capacity.
  • Rehabilitation Costs – If your injury or illness requires vocational rehabilitation to help you return to work or find a new job, workers’ compensation may cover these costs.
  • Death Benefits – If a work-related injury or illness results in death, workers’ compensation can provide death benefits to the deceased worker’s dependents. This can include compensation for funeral and burial expenses and financial support to make up for lost wages.

It’s important to note that workers’ compensation does not cover non-economic damages like pain and suffering that are typically available in personal injury claims. Also, workers’ compensation benefits are generally available regardless of who was at fault for the injury or illness, whereas fault is a key issue in personal injury claims.

When is a Personal Injury Claim Necessary Instead of a Workers’ Comp Claim?

Sometimes, a personal injury lawsuit might be more appropriate than—or pursued alongside—a workers’ comp claim. If your injury was caused by a third party (such as a subcontractor or equipment manufacturer), you may be able to seek broader compensation.

Workers’ comp covers only direct financial losses—like medical bills and a portion of lost wages—but does not compensate for pain and suffering. Personal injury claims can address these non-economic damages and offer a fuller range of compensation.

A Houston work injury attorney can help you determine whether your case qualifies for both types of claims and which will best meet your needs.

What Happens If You’re Fired After an Injury

If you’ve been terminated following a workplace injury, take immediate steps to protect yourself:

  • Seek Medical Attention: Always prioritize your health. Get care right away and maintain detailed records of treatments and diagnoses.

  • Report the Injury: Notify your employer promptly. A delay in reporting can jeopardize your ability to claim benefits.

  • Document Everything: Record all relevant communications, your injury details, and your employment status. These records are vital if your case escalates.

  • File a Workers’ Comp Claim: Begin your claim to access wage replacement, medical coverage, and potential disability benefits.

  • Consult an Attorney: If you suspect retaliation or wrongful termination, a work injury lawyer can help you understand your rights and legal options.

Employer’s Legal Grounds for Termination

An employer can legally terminate an injured worker if:

  • You cannot fulfill your job duties after a reasonable accommodation attempt.

  • You refuse medically appropriate light-duty work.

  • Your injury results in long-term absence that significantly impacts operations.

  • Your position is eliminated due to unrelated layoffs or restructuring.

What employers cannot do is fire you solely for being injured or for filing a legitimate workers’ compensation claim. Doing so could constitute wrongful termination or retaliation under Texas labor laws.

Contact a Work Injury Lawyer From Abraham Watkins Today

Understanding your rights and the intricacies of the workers’ compensation system is critical when navigating the aftermath of a work-related injury. The fear of retaliation or termination should never deter you from filing a workers’ comp claim. It is crucial to remember that in the face of such complex situations, there are laws to protect you.

Retaining legal counsel could prove invaluable. Experienced personal injury attorneys like the team at Abraham Watkins can help you navigate the legal landscape.

If you have been injured at work and fear or face termination, reach out to a legal team for guidance. At Abraham Watkins, we offer a free consultation to help you understand your rights and the best course of action. Remember, the objective of the workers’ compensation system and employment law is to protect your rights as an injured worker. You are not alone in this journey.

Call us today at 713-222-7211.

 

Know Your Rights: Frequently Asked Questions

  • Can I be fired just for filing a workers’ comp claim?
    No. Termination for this reason is illegal in Texas.

  • Do all employers have to carry workers’ comp insurance?
    No. Texas is one of the few states where private employers are not required to carry workers’ compensation. But many still do, and alternative legal options may be available.

  • Can I sue my employer for a workplace injury?
    In most cases, no—unless your employer is a non-subscriber to workers’ comp or acted with gross negligence.

  • What if I was fired after filing a personal injury claim?
    If your employer retaliates because you filed a valid claim, you may have grounds for a wrongful termination lawsuit.

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