Can an Employee be Terminated While on Workers Comp in Texas?

In the state of Texas, there are specific laws in place to protect employees who are on workers compensation. One of the key protections is that an employer is not allowed to terminate an employee simply because they have made a claim for workers compensation benefits. Additionally, employers are also prohibited from firing an employee due to a disability that affects their ability to perform their job. Under Texas law, it is illegal for an employer to retaliate against an employee for filing a workers compensation claim. This means that an employer cannot terminate an employee or take any other adverse action against them solely because they have sought workers compensation benefits. This protection is in place to ensure that employees feel safe and secure in reporting workplace injuries and seeking the necessary medical treatment and compensation. Furthermore, employers in Texas are also prohibited from terminating an employee due to a disability that affects their ability to perform their job. This protection extends to situations where an employee is on restricted duty due to their disability. If an employee is still able to perform their job duties, with or without reasonable accommodations, the employer is required to make those accommodations to ensure that the employee can continue working. It is important to note that these protections do not mean that an employee is completely immune from termination while on workers compensation or due to a disability. Employers can still terminate an employee for legitimate reasons that are unrelated to their workers compensation claim or disability. For example, if an employee consistently fails to meet job performance expectations or engages in misconduct, the employer may have grounds for termination. If an employee believes that they have been wrongfully terminated while on workers compensation or due to a disability, they have the right to file a complaint with the Texas Workforce Commission or pursue legal action. It is recommended that employees consult with an employment attorney to understand their rights and options in such situations. In conclusion, in Texas, an employer is not allowed to terminate an employee solely because they have made a claim for workers compensation or due to a disability that affects their ability to perform their job. These protections are in place to ensure that employees are not retaliated against for seeking the benefits and support they are entitled to. However, it is important for employees to be aware that legitimate reasons for termination unrelated to their workers compensation claim or disability can still exist.