I was terminated for refusing to change on the job injury claim!?

by admin on June 18, 2010

I need orientation, I was terminated after 5 years of service to a company after reporting that I sustained a on the job injury. the company’s insurance carrier rejected my injury claim after I presented substantial supporting medical documentation. the company was forcing me with changing my claim to personal so my health care provider could pick up the tab instead of the injury carrier. after refusing to change my claim the company fired me with the claim that I had violated the companys attendance policy because my injury was not excused by the insurance carrier. in my view, they tried to force me to commit insurance fraud by forcing me to change my claim form job injury to personal. I am in texas, did the company violate the anti-retaliation provision and refusal to commit a criminal act in this case? please some one with knowledge on this advise.

thanks.
A.S

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{ 8 comments }

JAY O June 18, 2010 at 2:57 pm

I would think that it would be covered under workers comp. Even if the company is self insured, workers comp should still handle the claim. There is a process for filing an appeal if you are denied and it often takes months to settle. Also, employers have to give you light or restricted duty and honor all medical leave. I would contact your local bar association and find a labor law/ workers comp lawyer. The 1st consultation is usually free and they often work on a % basis. I must add that there are very specific guidlines for terminating an employee that was injured on the job. It sounds like your employer may have violated those.

Jungone June 18, 2010 at 2:57 pm

without even reading TALK TO A LAWYER NOW
after reading TALK TO A LAWYER YESTERDAY

man good luck and yes on the face I would call it an attempt to suborn insurance fraud but it is texas so who knows what the bush did to you while his cronies had their hands on your laws..here in michigan that would not happen…we can see our own doctor within 72 hours of injury and insurance company has to pay…this keeps their corporate whores with medical degrees honest….

Cassi June 18, 2010 at 2:57 pm

Hire an Attorney NOW!! Get them to do it on consignment if you can:)

cyanne2ak June 18, 2010 at 2:57 pm

You need to speak with an attorney immediately. You may indeed have a claim against your employer for Wrongful Termination in the state of Texas. You may also have a federal claim against your former employer. Please, go see an attorney near you ASAP. Do not wait to consult an attorney because you are running against a Statute of Limitations. If you wait too long, you will lose your ability to sue.

unforgivenevr June 18, 2010 at 2:57 pm

first of all get a free consultation with a lawyer there are many out there that will be more than happy to help you with any claims and you evidently have a Workman’s comp injury that will help you and sue this bunch of people and make them pay for your injury’s and make sure that you get future insurance on your injury, because it may be something that gives you trouble in the future and they should continue to keep your medical, plus.A lawyer will give you all the things you need and tell you what to do. I will tell you this it is a long process and they will drag it out as long as they can, hoping that you will give up. But find a lawyer that only gets paid when you get paid that way they work harder to get things done. Their commission is usually 20 to 25 % . Good Luck and Don’t Give Up.

Faye Prudence June 18, 2010 at 2:57 pm

Get to the EEOC BEFOR spending your hard earned dollars on a lawyer. The link is below. They will help!!! and they are FREE!

bryan38k June 18, 2010 at 2:57 pm

I live in Texas and I’ll tell you one law I know for sure.
Any company can fire anybody, for anything, without cause in Texas.
There are no workers rights here.
I’ve been told, by lawyers, that companies can fire you because they don’t like the color of your shirt.

I am not B.S.ing you here.

Just do a search on any search engine for "wrongful termination" lawyers in Texas.
You’ll get just a handful and they’ll want you to pay up front, no contingency here.
Or they’ll refer you off to someone who doesn’t return your calls.
And why don’t they return your calls?
Because workers have no rights in Texas.

We sold off our rights for Workers Comp.

I know it suxs to hear this, but it’s true.
I’ve been there.

ma_t225 June 18, 2010 at 2:57 pm

Most contracts signed between employee-employers state that the employer can fire an employee for ANY reason.
Because you did sustain an injury on the job and reported it BEFORE you were fired you can sue the company. Its like when you slip in a building and you sue them because you broke your leg. Speak to your lawyer.

However, if you don’t sue you should be able to receive Workers’ compensation. "Workers’ compensation insurance is a state-mandated benefit system designed to protect employees who are injured on the job, whether from typing on a computer keyboard in an office or from being struck by a falling beam on a construction site. Employers foot the bill for such injuries, regardless of who is at fault. This means that even if a worker was careless and is to blame for his injury, he is still eligible for workers’ compensation insurance benefits. In exchange for these benefits, however, the injured worker forfeits his right to sue his employer for damages."
http://www.personalinjuryfyi.com/workers_compensation.html

more info is also available at that site

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