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backissues · Jun 30, 2011, 08:03 PM

I re injured my back on the job, they do not have workers comp. Can they fire me on a doctors release from work? How long before they can fire me if so? I live in Texas

Fr_Chuck · Jun 30, 2011, 08:35 PM

Funny thing in general they have to have workers comp, if they don't carry insurance they merely have to write you a check out of their business money.
So you merely have to sue them and they will be required to pay. Texas workers comp is also a no fault workers comp state, so it does not matter whose exact fault the accident was.

Obviously they are not following Texas laws on workers comp, so don't expect them to follow it on keeping you employed.

They are not suppose to fire you while you are out on workers comp. Have you filed a claim with the division of workers comp, Texas law allows a person to sue them in court if the business fails to purchase coverage. They are still required to post required notices of workers comp and to show they are self insured.

backissues · Jul 1, 2011, 11:01 AM

Thank you for your help, We have Medical and that is it. All employess had to sign a paper stating that they Do Not carry worker compensation. I wondered if that was legal, but in this economy I need this job.
Thanks again

twinkiedooter · Jul 1, 2011, 01:06 PM

The paper you were forced to sign about WC is illegal. Blow the whistle on these crooks and see an attorney about suing them on top of this. What they are doing is HIGHLY illegal and can and will result in some swell fines to the company even if you don't work there anymore at least you'll have the satisfaction of not having them do that to another employee.. Plus you'll win a nice tidy sum if you hire an attorney to get involved in suing them.

backissues · Jul 1, 2011, 02:06 PM

Thanks for the advise, I am sure he has found a loop hole somewhere, he is too smart to let anything get to him.

Fr_Chuck · Jul 1, 2011, 03:19 PM

In Texas a company does not have to carry workers comp insurance, but if they don't carry the insurance, they are still liable for injury, they are considered self insured by the state.

If they are self insured and refuse to pay, Texas then allows you to sue them for the damages. You signing the letter will not take away your rights

But he is in fact required to tell you that he does not carry workers comp insurance, ( which means he is therefor self insured.