Can I be fired while the doctor has me on light or restricted duty?
Texas is an at will employment state, which means you can be fired for any reason or for no reason at all. However, there are exceptions to the general rule of at will employment. For example, workers’ compensation laws protect you from retaliation and prohibit your employer from firing you because you make a claim or in an effort to avoid paying benefits. The Americans with Disabilities Act, a federal law, also applies in Texas and precludes your employer from firing you because of a disabling medical condition.
If you are unable to work at all because of your work injuries, then your employer’s insurance carrier will need to pay Income Benefits and cannot fire you due to your inability to work. If you are put on restricted duty, your employer can offer you a light duty position that you can do with your health limitations. If you do not accept, then your income benefits can be reduced based on what the work would pay you.
If you are unable to work at all because of your work injuries, then your employer’s insurance carrier will need to pay Income Benefits and cannot fire you due to your inability to work. If you are put on restricted duty, your employer can offer you a light duty position that you can do with your health limitations. If you do not accept, then your income benefits can be reduced based on what the work would pay you.
If you still have any questions, feel free to contact us. We are happy to assist you by phone, text, or email.