Can a person get paid for being hurt on the job then getting fired two weeks later ?

Asked about 4 years ago - Fort Worth, TX

I was hurt on the job and then two weeks later was fired cause someone made a charge I did something to them. I waited for my work to give me a list of Doctors I could see for my injury and never got one and then I got fired. I got a hold of Tx worker's Comp and they sent me the paper work and I filed it out and sent it back , then I required surgery and my work's comp paid for all my care but have not paid me anything. Since seeing the Dr I have never been released to go back to work so SHOULD they not be paying me ??

Attorney answers (3)

  1. Phillip L. Wray II

    Contributor Level 12

    Answered . An attorney would need to look into the facts of the case more deeply than what you've set out above. First, a company may fire you for actions such as violating company policy even after you are injured on the job (or even during the injury causing event). If your doctor has indicated you can return to work with restrictions, then the insurance company may be taking the position that your lost earnings are due to your termination, not the injury. If the doctor has you completely off work, then it seems the insurer should be paying you weekly benefits unless there is some fact not spelled out in your question. You should check with the ombudsman department at the Division of Workers' Compensation and discuss with them. You also may need to have your case evaluated by an atorney. There are a number of good ones in the DFW area. Good luck.

  2. Jason Eric Kipness

    Contributor Level 14

    Answered . DO NOT DO THIS WITHOUT A LAWYER. Hire a worker compensation lawyer.

    The insurance company is not your friend and is not concerned with your injuries and pain.

    Their goal is to make $ by paying as little as possible on the claim. They will frustrate by you by delaying payment, giving you a low offer, or denying claim hoping you will get mad and go away.

    I should know because I worked for insurance companies for 10 years.

    Call Kyle Morris at (214) 696-2301 and reference my name to get lost wages paid. Call Maricela at 214-634-9990 for possible wrongful termination claim. Reference my name to both.

    Please visit the links below for free information about Texas Work accidents

    You can also send a confidential e-mail to my website at www.kiplawfirm.com.

    Sincerely,

    Jason Kipness

  3. Ricky Bagolie

    Contributor Level 7

    Answered . Generally, in most jurisdictions, you can continue to receive disability payments while you are temporarily totally disabled - even if you are fired. You should contact a workers' compensation lawyer near you to discuss your potential claim and to fight to get you those benefits.

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