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Can I Be Fired for Filing Workers’ Compensation in Pasadena?

Can you be fired for filing workers compensation in Pasadena TX?

In the event that an injured laborer files for workers’ comp benefits, the injured laborer’s employment situation could have drastic changes. While a manager cannot be prejudiced against an injured individual because of a worker’s comp claim, the manager can fire the employee on other terms.

Texas is categorized as an at will employment state, this means that a boss can fire any employee for any reason, as long as, it is not a reason protected by the law. Likewise, a worker can quit for any reason in an at will employment. Some employees are protected from being fired for reasons by the law.

For example, under title VII of the Civil Rights Act of 1964, protected classes of employees are protected from being discriminated against, or fired on the bases of race, religion, skin color, sex, or national origin. Likewise, an injured employee may not be fired because of filing a worker’s comp claim under the Texas Worker’s Compensation Act Section 451.001.

While this is true, this does not mean that workers who file a worker’s comp claim are not able to be fired. Terminating an injured employee could be explained in a number of possible reasons. These reasons include:

  • If the injured employee’s job is very important to the business and the work must be done, the employer can terminate the injured worker, so that they may replace them
  • If the company is going through problems and could be in danger of losing money, the employer may lay off the injured worker
  • If the injured worker can no longer perform their job functions due to their injury, and there is no way the injured worker could do any other jobs at the business, the employer may be able to terminate the injured worker.
  • However, if the boss has terminated the individual just because he filed a worker’s comp claim, there may be the chance of a wrongful termination lawsuit pitted against the boss.
  • In the case that stray comments were made by the boss, or any individual with the authorization of firing employees, then they could be used as good evidence in court behind the “real” reason the individual was terminated.

Any injured employee that believes they have been fired for simply filling out a worker’s compensation claim should talk to a Texas worker’s compensation attorney immediately.

Workers’ Compensation Statute of Limitations in Pasadena

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