Can You Be Fired While on Workers’ Comp in Texas?
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Can You Be Fired While on Workers’ Comp in Texas?
The Short Answer
Yes — you can be fired while on workers’ comp in Texas, but not because you filed a claim or were injured at work.
Texas Labor Code §451 makes it illegal for an employer to fire, threaten, or discriminate against an employee for:
- Filing a workers’ comp claim
- Hiring a lawyer to help with a claim
- Reporting a workplace injury
- Participating in a workers’ comp proceeding
If the injury or claim is the reason for termination, that’s retaliation, and the employer can be held legally accountable.
When Employers Can Legally Fire You
Texas employers may legally terminate an employee on workers’ comp for reasons unrelated to the injury, such as:
1. Company wide layoffs or restructuring
If your position is eliminated for business reasons, the employer may proceed.
2. Documented performance issues
If performance problems existed before the injury, termination may be allowed.
3. Violation of company policy
Misconduct unrelated to the injury can still lead to termination.
4. Inability to accommodate restrictions
If your restrictions prevent you from performing essential job duties and no modified duty is available, the employer may legally end employment — but they cannot cut off your workers’ comp benefits.
5. At will employment rules
Texas allows termination for almost any non‑retaliatory reason.
When Firing You Is Illegal (Retaliation)
Termination becomes illegal when the injury or claim is the real reason behind it.
Signs of Retaliation
- You were fired shortly after reporting your injury
- Your employer discouraged you from filing a claim
- You were written up for things that never mattered before
- You were pressured to return to work before medically cleared
- Your employer made negative comments about your injury or claim
- You were replaced while still on approved restrictions
- You were fired immediately after hiring a lawyer
These are red flags that your employer may be violating Texas Labor Code §451.
FAQs: Can You Be Fired While on Workers’ Comp in Texas?
No. Firing someone for filing a claim is illegal retaliation under Texas Labor Code §451.
Yes, but only for reasons unrelated to your injury or claim.
No. Benefits continue as long as you are medically eligible.
They may legally end employment, but they cannot stop your benefits.
This is a major red flag for retaliation.
Yes — if the firing was retaliatory.
You may have a personal injury lawsuit in addition to a retaliation claim.
Yes. These cases are complex, and employers rarely admit wrongdoing.
Injured at work in Texas and your employer doesn’t have workers’ comp?
You may have the right to sue and recover full compensation.
Contact MLF Legal today for a free consultation. You pay nothing unless we win your case.
What Happens to Your Workers’ Comp Benefits If You’re Fired?
Your benefits do NOT automatically stop
Workers’ comp benefits are based on your injury — not your employment status.
You may still receive:
- Medical benefits
- Temporary Income Benefits (TIBs)
- Impairment Income Benefits (IIBs)
- Supplemental Income Benefits (SIBs)
The insurance company may try to use your termination against you
They may argue:
- You were fired for misconduct
- You refused modified duty
- You are capable of working
A Texas workers comp lawyer can push back against these tactics.
What to Do If You Think You Were Fired in Retaliation
1. Document everything
Keep emails, texts, write‑ups, and notes about conversations.
2. Continue medical treatment
Your medical records are critical evidence.
3. Do not sign anything without legal review
Employers often try to get workers to sign away rights.
4. Contact a Texas workers’ comp attorney immediately
Retaliation cases move fast — and evidence disappears quickly.
How MLF Legal Protects Workers From Retaliation
MLF Legal’s Texas workers comp attorneys help injured workers that were fired while on workers’ comp by:
- Investigating whether the termination was legal
- Gathering evidence of retaliation
- Challenging employer claims about misconduct or performance
- Ensuring your workers’ comp benefits continue
- Filing a retaliation lawsuit under Texas Labor Code §451 when appropriate
- Identifying additional claims (non‑subscriber, third‑party, unsafe workplace)
- Protecting you from employer intimidation or pressure
You don’t have to face your employer or the insurance company alone.
Call MLF Legal today
214-357-1782
Fill out our online form
for a free consultation.
We only get paid if we win your case.