Getting injured at work is a stressful experience, but it becomes even more overwhelming if you’re fired after reporting the injury. Texas employment laws provide certain protections for injured employees, but understanding your rights and what actions you can take is crucial. This article explores whether you can be fired for getting hurt at work in Texas, what to do if you’re fired, and whether you have grounds for legal action.
Key Takeaways
- Texas is an “at-will” employment state, meaning employers can terminate employees for any legal reason. However, firing someone solely for reporting a work injury or seeking medical care may be considered retaliation and, therefore, illegal.
- Wrongful termination laws in Texas protect employees from retaliation related to workplace injuries.
- Forced to quit? Employers may create intolerable work conditions to push injured employees to resign.
- Your employer cannot refuse to let you return to work if your doctor has cleared you for duty, unless a valid reason exists.
- The dedicated attorneys at Braker White are committed to helping injured workers explore their legal options. While we do not handle workers’ compensation cases, our team is here to provide guidance and support for claims involving third-party negligence.
Can I Be Fired for Getting Hurt at Work?
Texas is an “at-will” employment state, meaning employers can terminate employment for almost any reason, as long as it’s not illegal. However, firing someone simply because they were injured at work or filed a report may violate anti-retaliation laws under the Occupational Safety and Health Act (OSHA). These laws are designed to protect employees from being punished for reporting unsafe working conditions or exercising their rights under workplace safety regulations.
Common Reasons Employers Give for Termination After an Injury
Employers often cite the following reasons for terminating employees after a workplace injury, and understanding these reasons can help uncover whether retaliation may be involved.
- Poor performance unrelated to the injury
- Alleged policy violations
- Lengthy absences due to the injury
- Budget cuts or role elimination
Can My Employer Refuse To Let Me Return to Work After an Injury?
Employers may not refuse your return to work without valid reasons, especially if your doctor has cleared you. Refusal could be illegal if it stems from:
- Retaliation for filing a claim or reporting the injury.
- Discrimination based on your physical limitations or perceived disability.
What To Do If You Are Denied Reinstatement
- Request written explanations for the refusal.
- Document all interactions with your employer.
- Contact a work injury attorney to discuss your options.
Forced To Quit After a Workplace Injury?
Some employers create hostile work environments to force injured employees to quit, a practice known as constructive discharge. Examples include:
- Assigning physically impossible tasks post-injury.
- Consistently harassing or criticizing the employee.
- Reducing hours or pay as punishment for filing a report.
Wrongful Termination Due to a Work Injury
Wrongful termination occurs when an employer violates state or federal laws by firing an employee. For example:
- Retaliating against an employee for reporting a workplace injury.
- Discriminating against an employee based on a disability resulting from the injury.
- Firing an employee for filing an OSHA complaint.
What To Do If You Are Fired After a Work Injury
Losing your job after suffering a workplace injury can feel overwhelming, but taking the right steps immediately can protect your rights and strengthen your case.
- Document Everything: Keep records of your injury, termination, and any communication with your employer.
- Gather Witness Statements: If coworkers witnessed retaliation, their statements could strengthen your case.
- Consult an Attorney: Legal professionals can help determine whether your firing was lawful and what compensation you may be entitled to.
How Braker White Can Help
At Braker White, we focus on helping injured workers navigate the complexities of work injury claims in Odessa, Midland, and throughout West Texas. While we do not handle workers’ compensation cases, we can assist with third-party claims, which may involve negligent contractors, equipment manufacturers, or other external parties whose actions contributed to your workplace injury. If you were fired or forced to quit due to your work injury, a third-party claim can uncover additional avenues for accountability and compensation beyond your employer. Our team can assist you by:
- Investigating third-party liability claims to identify all responsible parties.
- Negotiating settlements with at-fault parties to help ensure you receive the maximum possible compensation.
- Providing personalized guidance and support throughout the legal process.
- Offering free case evaluations to help you understand your options and next steps.
If you’ve been fired after a workplace injury and are seeking a third-party work injury claim, don’t navigate this challenging situation alone. Contact us for a free case evaluation to discuss your legal options and fight for the justice you deserve.
