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Will I Lose my Job if I file a Workers Compensation Claim?

January 31, 2018

Getting injured on the job is something that many employees dread and something that carries significant risk in a number of different professions. Due to an on-the-job injury, you may be facing costly medical bills, lost wages due to missed days at work, as well as the stress about wondering how you will make ends meet or who to turn to for help.

Texas is one of the only states in the country that does not require employers to carry workers’ compensation, but rather allows employers to elect to provide this coverage or not. If your employer does not carry workers’ compensation, then your only means of recovering financial losses due to an on the job injury is by filing a personal injury lawsuit.

Workers’ compensation, on the other hand, is meant to protect and provide security to both employees and employers. Employees have the peace of mind that they will be able to receive compensation for their injuries, and employers know that they will not be subjected to lawsuits by employees injured at work.

In order to verify whether or not your employer carries workers’ compensation coverage in Texas, you should be sure to check with the HR department or visit the website of the Texas Department of Insurance where you will find the Employer Workers’ Compensation Coverage Verification, allowing you to confirm online whether or not they subscribe to workers’ comp.

But even in the event that your employer offers workers’ compensation coverage, many employees worry that they may lose their job after filing a claim or that their employer may take some form of retaliation against them. Many fear that filing for workers’ comp due an injury will somehow be perceived as an attack on the company and cause them to fall out of favor with their employer. Many feel grateful just having a job and don’t want to rock the boat.

Texas work injury law explicitly states that an employer may not fire you or punish you in any way for filing a workers’ compensation claim. This law was created in order to protect employees and ensure that they receive the compensation and care that they are entitled to after an injury. To be clear, filing a claim is in no way an attack on your employer and they cannot attempt retaliation.

In some instances, though, an employer may try to dissuade you from filing a claim due to fears that their insurance coverage costs will increase or that they may be reported for a safety violation, but this should not prevent you from making a claim. Some employers may try to take advantage of your inexperience in these matters and offer to settle an injury with financial compensation under the table, but be aware that this is almost always a bad deal for you. Some injuries may lead to long-term complications or disabilities and by not filing a claim, you may shut the door to financial compensation when you need it most.

If you feel that filing a workers’ comp claim may jeopardize your job security or lead to other punitive actions from your employer, then it is imperative that you contact an experienced Fort Worth work injury attorney like those at Fears Nachawati. Our team has handled all types of work injury claims and helped many people navigate the often-complicated world of workers’ compensation or personal injury lawsuits. For your free, no-obligation legal consultation, please call (866) 705-7584, or visit the offices of Fears Nachawati located throughout the great state of Texas, including in Houston, Dallas, Austin, Fort Worth, and San Antonio.


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