Workermans Comp being replaced
I am a delivery driver out on W.C. and have been for 3 months may be another month before I can return can the company fill my position on the route that I was hired for and then offer me another route when I return? I want to know if there is anything I need to worry about I have learned that they are training someone on my route. I have expressed alot of concern about this to the managers and the reassure me but I am leary about honesty.
1 Answer from Attorneys
Re: Workermans Comp being replaced
Absent an existing, formal employment contract with your employer, your employer has no duty to hold your specific job (route) open for you while you are injured.
You are an "at will" employee in Texas and your employer can replace you at any time for virtulayy any reason.
ALL THAT SAID, "YOUR EMPLOYER MAY NOT FIRE YOU FOR FILING A WORKERS COMPENSATION CLAIM, TESTIFYING IN A WORKERS COMPENSATION CLAIM OR CONSULTING WITH A LAWYER ABOUT A POTENTIAL WORKERS COMPENSATION CLAIM."
Depending on how your particular employer handles its' employees who have returned to work after a WC claim, you maybe able to allege that the reason you were not returned to work was because you filed a WC claim.
You will need evidence to prove that.
Other examples of the employer doing the same thing to other employees is sometimes good evidence?
A full and thorough investigation and a proper evaluation of the facts in your case by a lawyer would be necessary to determine what your options actually are.
General advise about your situation is not possible here. Consult a lawyer for specifics.
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