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Worker's comp after being fired or qui

Discussion in 'Workers Compensation' started by txls, Jul 5, 2016.

  1. txls

    txls Law Topic Starter Well-Known Member

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    Jurisdiction:
    Texas
    What happens with a worker's comp claim if the employee is fired or quits (nothing related to the injury)
     
  2. adjusterjack

    adjusterjack Super Moderator

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    The claim and benefits continue.

    However, if your injury just resulted in medical expenses being paid by WC and you could still work then you would not be eligible for weekly wage replacement under WC.

    You'll have to file for unemployment compensation and look for work.
     
  3. txls

    txls Law Topic Starter Well-Known Member

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    Ok thanks. It's about my husband. He's currently being treated for a work-related shoulder injury and rehab isn't working so we expect he will probably need surgery. A completely unrelated health issue may prompt them to fire him for missing work, or he may need to quit.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    What kind of work does he do?
     
  5. txls

    txls Law Topic Starter Well-Known Member

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    Material handling. Mostly with forklift, but some heavy lifting as well.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    Then he should probably go out on weekly benefits for the shoulder before the other issues arise for which he will get no money.

    Shouldn't be too difficult to convince the doctors that the shoulder is just too painful to continue the work he's doing. Which could also explain why the rehab is not working. Every time he goes to work it exacerbates the injury and reverses any gain that the rehab has made.

    66 2/3 % of his wages is better than no wages if the non-work related condition results in termination for which he would not likely be eligible for UI.

    Once he's on weekly benefits he can work on the shoulder and if he still needs surgery, at least he's still got an income.
     
    VivianMD1123 likes this.
  7. txls

    txls Law Topic Starter Well-Known Member

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    Makes a lot of sense except there is one Dr that handles their work comp and he hardly ever takes anyone off work. At best he tries to put them on light duty or partial days and the company ignores it. "we don't have light duty and we need you to work all day". Ugh. They don't seem to understand the concept of giving you time to heal so an injury doesn't get worse.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    Of course that's what "they" will say. But:

    1 - It's not up to "their" doctor to make that decision.
    2 - It's not up to the employer to make that decision.

    It's up to your husband to go into work and say "This is too painful, I'm going home." And then just do it no matter what the employer threatens.

    Then he can call the insurance company and say "I can't work anymore, too painful, send me the forms for the weekly benefits."

    Then he can go to his own doctor.

    Then he can hire a WC attorney if he has to.
     
  9. txls

    txls Law Topic Starter Well-Known Member

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    Yes you're right, I'm just not sure if he will do it. Thanks.
     
  10. adjusterjack

    adjusterjack Super Moderator

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    OK.

    Keep in mind that Texas has a Workers Compensation Division of the insurance department that might provide some protection to injured workers who are being taken advantage of.

    Division of Workers' Compensation
     
  11. cbg

    cbg Super Moderator

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    Check in with Elle - she knows more about workers comp than any three people I know.
     
  12. ElleMD

    ElleMD Well-Known Member

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    Elle here. No, the employee can not just walk off the job and collect benefits. A note taking someone off work just before they were about to be fired or quit so they can collect benefits is also unlikely to get benefits. I'm not in TX, but my state is VERY employee friendly and I can't tell you the number of times benefits got shot down in virtually the same situation. TX is on the other end of the spectrum so while there is no guarantee, I would not like your chances.

    Employers are not required to honor light duty request but shoot themselves in the foot if they do not. TTD (TIB)can be ordered if light duty is nor available and the work is far above what is recommended. A restriction not to lift more than 15 lbs and a job which requires lifting 20, probably isn't going to qualify for TTD (TIB). a restriction not to lift more than 15 lbs and a job which required routine lifting 50 lbs is a different story.

    You can find more on finding a doctor here http://www.tdi.texas.gov/wc/hcprovider/documents/finddoce.pdf
     
  13. txls

    txls Law Topic Starter Well-Known Member

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    Thanks Elle. We're hoping for the best but trying to be prepared for the worst. We'll be okay without any WC income, just don't want to have to pay for a surgery if it comes to that.

    For us it will come down to if his Dr says he's not healthy enough to work 14 hour days in 100+ temps, and if they won't allow him to work reduced hours, then he will have to quit.
     

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