Workers Compensation Retaliation

I'm a Deputy and was involved in a major accident in my patrol car on duty in route to a call. My supervisors insisted I go to the hospital and be checked out. (they drove me!) To make a long story short. My employer found out that I had sustained a neck injury that required surgery, this was on a Monday. My employer had another deputy hand deliver a letter the following Thursday stating if I did not have a "full duty release" within 7 days of the date of the letter I would be terminated. My doctor refused a full duty release. I lost my job! They did not use my vacation time, sick time, or FMLA time. Do I have any recourse?

1 answer  |  asked Sep 4, 2004 01:21 AM [EST]  |  applies to Texas

Answers (1)

Trang Q. Tran
Workers Comp Retaliation

Texas law prohibits retaliation against employees who prepares to file a workers' compensation claim. In addition, the Family Medical Leave Act requires the employer to allow an employee to be return to a similar position and pay following a medical leave of up to 12 weeks during any 12 month period. Violations of both statutes allows the recovery of compensatory damages and other types of awards.

posted by Trang Q. Tran  |  Sep 4, 2004 11:21 AM [EST]

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