terminated while on WC

[spknpro]

If your employer terminates you while you are out on WC. Do you still receive WC TB if you are still being treated by a physician, and cannot return to anytype of work yet?

I am in Houston, Texas just got rolled over from FMLA to Medical Leave. Does the employer have to have a reason to let you go once you pass your FMLA window? If employer does let you go while still injured on WC, do I have any legal recourse?

Thanks,

Spknpro

[kate]

If you are still off work by doctor's order, you would be paid TIB's up to 104 weeks.

Texas is an “employment-at-will” state. Generally, employees without a written employment contract can be fired for good cause, bad cause, or no cause at all. In an at-will situation, either the employer or employee may terminate the employment relationship at any time, with or without warning, and with or without cause, unless there is an existing agreement with express terms and conditions covering its termination.

[1171]

workers compsation is not like health insurance.
workers comp is the employers insurance against your claim.
the employer still retains his work comp insurance policy whether any individual claimant or worker changes jobs or quits working.
Many employees come and go all the time; the employers comp policy doesn't change and the employer remains covered against any claims.

[MJC]

Spknpro,
Sorry to hear of another injured with back problems as I am one of them also. Welcome to our forum as this is a great place to be and you will recieve mounds of info from others. We are like a family on here.

You mentioned the delays and waiting with WC. This is a long hard road to travel as I have been traveling it for 10 years now. I have been waiting for approval of a 2 level back fusion since January. I have seen 4 doctors that all say the surgery is needed and still no approval. I have spoken with my attorney in the last couple days and she is going to file a 1008, suit against them for neglect of approval or denial. I don't know what my outcome will be. I instructed her to file the suit as I am ready and tired of their bull excrement. So I guess I will see them in court. I also want the penalty money for them not approving or denying the surgery in a timely manner according to law.

I was also terminated by my employer as I reside a state that is at will work state and termination can take place at any given time for any reason what so ever and you have no legal rights to file for wrongful termination. Although you were terminated, you still have rights to WC benefits since you were injured on the job.

I wish you well as you travel this long hard road but remember you are not traveling it alone as there are many of us. I pray that you receive your injections without too many delays with WC because all this does is worsen your situation by them not getting you the medical care that is necessary to attempt to get you healthy again so you will be able to once again work. I pray you get relief from the injections but I never had relief and also ended up in surgery. It was stated by one of my doctos that I have Failed Back Syndrome which causes spontaneous re-occuring herniations at other level.

Wishing you well and hope that continue with our forum family. We have an Off Topic area where it is more relaxed regarding conversations. We have loads of fun, play BINGO, tell jokes, offer loads of support for each other regarding any type of problem one of our members might be having and lots of prayers as another source of support. I invite you to join us on that area of the forum. We have had get togethers where members have been able to meet each other and it is a very heart warming moment when you get to meet one of the members that you have conversing with for a long time. Hope to see more of you and please keep us posted. God Bless and take care!

Cajun Hugsssssssssss,
MJC