Mission, TX asked in Employment Discrimination, Employment Law and Workers' Compensation for Texas

Q: Got hurt on the job on 11/19/15. Got MRI , I have 2 herniated disc and sciatica ,was out of work for 4 months.

Got and injection and started to get better. Went back to work and hurt my back again. Was out for 1 week. WC paid me benefits. 1 month later got hurt again, Still worked. After work on friday my boss calls me at 9 pm tells me u have to go to a service call I told him I couldn't I took my pain meds . he than says if ibcant go not to even go in on Monday. So I go to the doctor Monday morn. Doctor takes me out if work for a month until I get my next injection. Soon after I get a letter saying I was terminated for not responding to the call stating i had been drinking, his words. Got approved for pain and management visit. Doctor says I never got treated for my herniated disc only my sciatica and I need to get treated. I have still no response from my adjuster. Do I still have right to my WC benefits? And how long should iit take

1 Lawyer Answer
Roy Lee Warren
Roy Lee Warren
  • Workers' Compensation Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: You may have a fight on your hands but you should still be entitled to benefits. I am not sure how anyone could tell you had been drinking from a telephone call but it appears you did the right thing telling them you could not come to work. As for termination, an employer can fire you for any reason, as long as it is not a "bad reason" such as the result of race or filing a wc claim.

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