Can I lose my job while I am out on Worker’s Comp?

Worker’s CompensationIn most circumstances, yes. Your employer may lay you off, terminate your employment, or place you on FMLA while you are off on workers’ compensation. Texas is an at-will state, therefore an employer may release you from their employment at will… basically for any reason, in most cases.

FMILA – If you received a letter indicating that they are placing you on FMLA (Family Medical Leave Act), your employer is guaranteeing you your job back but only if you are able to return to work full duty by the date indicated on the letter (usually a 12 week period). If you are unable to return to work by that date, your position will be terminated.

Lay Off – If you are laid off while you are completely off work, you cannot collect unemployment benefits unless and until you are released to work. You cannot collect unemployment and WC benefits at the same time.

Termination – If you are unable to return to work, your employer may terminate your employment at any time in most cases.

Please note, that an employer may not terminate you for filing a work comp claim, as this may be a case for wrongful termination.

Call Bailey & Galyen today at 844-402-2992 for a free initial phone consultation!