Texas Worker's Compensation - Help For Injured Texas Workers

• Texas Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• Texas Worker's Compensation Resources - Links and resources for injured workers.

Results 1 to 6 of 6
  1. #1
    Join Date
    Sep 2012
    Posts
    2

    Angry Do Worker's Comp Benefits Continue if You Get Fired

    On 6/13/12 I tore my rotator cuff at work. The Insurance company started my TIB 15 days after that. I had surgery to repair my shoulder on 7/16/12. My surgeon put me on office duty only about 3 weeks after the surgery,but my employer didnt offer me any office duty,so ive been at home. I received a form from my employer telling me that my position was no longer available as of 8/22/12 due to seasonal volume decrease( even though i was not a seasonal employee) They also said that i was on light duty when they terminated me,which was not true. I was released to light duty,but they never gave me an offer of light duty. . I received an "anticipated date of MMI" of 8-17-12 but that was prior to me having surgery and i havent received a new MMi yet. Will I still receive TIB?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Will I Still Receive Tib if I Was Terminated While on WC

    Quote Quoting cnkwatson View Post
    On 6/13/12 I tore my rotator cuff at work. The Insurance company started my TIB 15 days after that. I had surgery to repair my shoulder on 7/16/12. My surgeon put me on office duty only about 3 weeks after the surgery,but my employer didnt offer me any office duty,so ive been at home. I received a form from my employer telling me that my position was no longer available as of 8/22/12 due to seasonal volume decrease( even though i was not a seasonal employee) They also said that i was on light duty when they terminated me,which was not true. I was released to light duty,but they never gave me an offer of light duty. . I received an "anticipated date of MMI" of 8-17-12 but that was prior to me having surgery and i havent received a new MMi yet. Will I still receive TIB?
    workers comp is not health insurance. your claim continues against the employer as long as your injury does. benefits will continue.
    if your employment is covered by FMLA you are entitled to 12 weeks of job protection.
    more on FMLA rights here
    http://www.dol.gov/whd/fmla/

  3. #3
    Join Date
    Sep 2012
    Posts
    2

    Default Re: Will I Still Receive Tib if I Was Terminated While on WC

    Quote Quoting .SH View Post
    workers comp is not health insurance. your claim continues against the employer as long as your injury does. benefits will continue.
    if your employment is covered by FMLA you are entitled to 12 weeks of job protection.
    more on FMLA rights here
    http://www.dol.gov/whd/fmla/
    Correct me if im wrong but doesnt FMLA kick in after a year of employement? I have only been with the company right at 10 months before they terminated me..Im not so much worried about the job as much as i am still receiving benefits so i can pay my bills

  4. #4
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Will I Still Receive Tib if I Was Terminated While on WC

    Quote Quoting cnkwatson View Post
    Correct me if im wrong but doesnt FMLA kick in after a year of employement? I have only been with the company right at 10 months before they terminated me..Im not so much worried about the job as much as i am still receiving benefits so i can pay my bills
    there are a number of eligibility requirements for FMLA. I don't know the details of your situation. I gave you the link so you could help yourself.

  5. #5
    Join Date
    Mar 2009
    Location
    Dallas, TX
    Posts
    79

    Default Re: Will I Still Receive Tib if I Was Terminated While on WC

    You should continue to receive TIBs as long as you are not able to physically perform the functions of your pre-injury job (this is called disability in the Texas workers' compensation system), or until you reach MMI, whichever is first. If they do not continue to pay you, the case will need to be set for a Benefit Review Conference.

    Matt Lewis
    Rogers, Booker & Lewis
    DallasWorkComp.com

  6. #6
    Join Date
    May 2012
    Posts
    13

    Default Re: Will I Still Receive Tib if I Was Terminated While on WC

    As long as you have a bona fi offer you didnt refuse. You'll get what's due ! But you will have to wait 30 to 90 day. I know.
    Understand yourself and your injury and the wc laws.

Similar Threads

  1. How Long to Worker's Comp Benefits Continue
    By BIGRON in forum New York
    Replies: 10
    Last Post: 06-08-2011, 06:02 AM
  2. Can SDI and EDD Benefits Continue After C&R Settlement
    By CA2010 in forum Disability Benefits
    Replies: 0
    Last Post: 03-06-2010, 11:23 PM
  3. Fired While on Worker's Comp
    By rico in forum Maryland
    Replies: 6
    Last Post: 02-27-2009, 05:06 AM
  4. How Long Do TTD Benefits Continue
    By r in forum Nevada
    Replies: 7
    Last Post: 08-16-2006, 10:14 AM
  5. Fired while on Worker's Comp
    By harvey in forum Louisiana
    Replies: 11
    Last Post: 08-25-2005, 08:30 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer