When people are injured in an accident, one of their first thoughts is often, “What am I going to do about work?” Experiencing a personal injury can be overwhelming, especially when you’re concerned about the security of your job.
Many Texans face unique challenges in maintaining employment while recovering, particularly if an injury results in long-term medical leave or reduced work hours. Knowing your rights and the resources available can help ensure you can keep your job and recover without unnecessary financial stress.
In this article, the personal injury attorneys at Varghese Summersett explain how to protect your job after a personal injury in Texas and what types of compensation may be available if you suffered injuries due to someone else’s negligence.
Programs That Protect Your Job After a Personal Injury
The first step in protecting your job after a personal injury is understanding your rights as an employee. In Texas, employers are required to carry workers’ compensation insurance, which provides benefits to employees who are injured on the job. This can include medical treatment and wage replacement while you recover.
If you were injured outside of work or if your employer does not have workers’ compensation insurance, you may still be protected under other laws, such as the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA). These laws provide important protections for employees with injuries or disabilities that impact their ability to work.
It’s important to familiarize yourself with your rights under these laws and communicate your situation to your employer.
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is a federal law designed to protect employees who need time off for medical reasons, including recovery from a personal injury. Under FMLA, eligible employees can take up to 12 weeks of unpaid leave per year without the risk of losing their job. In Texas, the FMLA applies to private employers with 50 or more employees, as well as all public agencies and schools.
To qualify for FMLA, you must meet certain criteria:
- You must have worked for your employer for at least 12 months.
- You must have worked at least 1,250 hours over the past 12 months.
- Your employer must have 50 or more employees within a 75-mile radius.
During FMLA leave, your employer is required to maintain your health benefits as if you were still working. Once your leave is over, you are entitled to return to the same or an equivalent position. However, FMLA only offers job protection for 12 weeks, which may not be enough if you face a long-term injury.
Can I take FMLA leave if my employer has fewer than 50 employees?
You generally cannot take FMLA leave if your employer has fewer than 50 employees. However, some smaller employers may still choose to provide similar benefits voluntarily. Additionally, there might be other state or local laws that offer protections for employees of smaller businesses. If you’re facing a situation where you need extended leave due to a personal injury or medical condition, and your employer is not covered by FMLA, consider the following alternatives:
- Discuss your situation with your employer to see if they can offer any accommodations or leave options.
- Check if you’re eligible for short-term disability insurance if your employer offers it.
- Look into any paid sick leave policies your employer might have in place.
- If your injury resulted in a disability, you might be protected under the Americans with Disabilities Act (ADA), which requires employers to provide reasonable accommodations.
- Remember, open communication with your employer about your situation is crucial in finding a solution that works for both parties.
Americans with Disabilities Act (ADA) Accommodations
The Americans with Disabilities Act (ADA) protects employees with disabilities, including those resulting from serious injuries. Employers are required to provide reasonable accommodations that allow you to perform essential job functions. Examples of accommodations include modified work schedules, ergonomic workstations, or temporary reassignment to a less physically demanding role. If an injury leads to a lasting impairment, the ADA may provide extended job protection beyond FMLA.
Texas Workers’ Compensation Job Retention Program
For Texans who suffer a work-related injury, Texas Workers’ Compensation provides additional support to help injured workers retain their jobs or return to work when possible. Through the Return-to-Work program, Texas employers work with the Division of Workers’ Compensation (DWC) to provide a safe return to work. Employers can create modified duties or transition the employee into a lighter role temporarily.
Programs in Texas for Paid Leave After a Personal Injury
- Temporary Income Benefits (TIBs): If your injury occurred at work and you’re covered by workers’ compensation, Temporary Income Benefits (TIBs) may be available. These benefits provide wage replacement if your injury prevents you from working for more than seven days. The TIB rate is 70% of your average weekly wage before the injury. TIBs continue until you reach maximum medical improvement or return to work.
- Short-Term Disability Insurance: If you have short-term disability insurance through your employer, it may cover a portion of your wages while you recover. Short-term disability typically provides around 60-70% of your regular earnings. Unlike workers’ compensation, which only applies to work-related injuries, short-term disability can cover non-work-related injuries, making it useful for Texans who are injured outside of work.
- Paid Sick Leave Policies: In Texas, private employers are not required to provide paid sick leave, but many do. Some Texas cities, such as Austin, Dallas, and San Antonio, have attempted to pass local paid sick leave laws, although they face legal challenges. Check with your employer to see if they offer paid leave options. Even if there is no explicit paid leave program, some employers may allow you to use accrued vacation time or paid time off (PTO) for injury recovery.
Common Problems That May Arise Due to a Long-Term Injury
A long-term injury can create challenges beyond physical pain. Financial pressures and changes in family dynamics often arise as individuals navigate a new reality. Problems associated with long-term injuries include:
- Lost Wages and Benefits: Prolonged leave or reduced work hours can impact your income, and sometimes even your eligibility for certain benefits.
- Career Setbacks: Extended absences or modified duties may delay promotions, raise potential discrimination concerns, or reduce your earning potential.
- Emotional and Mental Health Challenges: Coping with a long-term injury can lead to stress, anxiety, and depression, which may impact both work performance and personal relationships.
Can You Get Fired for Taking Leave After a Personal Injury?
Employers are generally not allowed to fire you for taking FMLA leave or for requesting a reasonable accommodation under the ADA. However, Texas is an at-will employment state, which means an employer can terminate an employee at any time, for any reason, except an illegal one. Employers cannot legally terminate you solely for taking FMLA leave or ADA accommodations, but they may do so if they claim unrelated business reasons.
If you believe you were wrongfully terminated, you may have grounds for a wrongful termination lawsuit. Consulting with a personal injury attorney experienced in employment law can help you navigate this complex process.
The Importance of Communicating With Your Employer
One of the most crucial steps in protecting your job after a personal injury is open and honest communication with your employer. This includes notifying them as soon as possible after the accident and keeping them updated on your recovery process.
Being transparent about the extent of your injuries, treatment plan, and expected timeline for recovery can help alleviate any concerns or misunderstandings your employer may have. It can also help them make necessary accommodations to support you during this time.
Additionally, if you are covered by workers’ compensation insurance, be sure to follow all reporting and documentation procedures to ensure your employer is aware of the situation and can provide appropriate support.
Pursuing Compensation in a Texas Personal Injury Case
When you suffer a personal injury, it can have a significant impact on your life and livelihood. Balancing recovery with financial stability is challenging, especially when your job and income are at risk.
In Texas, the law provides a path for injured individuals to pursue various types of compensation to ease the burden of financial losses and non-economic impacts. Understanding the types of damages available can help you protect both your finances and your job as you navigate the recovery process.
Types of Compensation Available
In Texas, personal injury compensation generally includes economic, non-economic, and sometimes punitive damages. Each type of compensation addresses different aspects of your injury:
- Economic Damages: These cover financial losses like medical bills, lost wages, and future earning potential.
- Non-Economic Damages: These damages cover pain, suffering, mental anguish, and loss of enjoyment in life.
- Punitive Damages: In cases involving gross negligence, Texas law allows for punitive damages, which are designed to punish the at-fault party and discourage similar actions in the future.
How Long Will a Personal Injury Case Take?
The length of a personal injury case in Texas can vary significantly depending on a range of factors. Some cases may resolve within a few months, while others can take years to reach a conclusion. Typically, the timeline is influenced by the severity of injuries, the complexity of the case, the willingness of parties to negotiate, and whether the case goes to trial.
Initial Investigation and Filing: After an injury occurs, there’s an initial investigation to gather evidence, assess damages, and determine liability. This process, along with filing a claim, can take weeks to months.
Negotiation and Settlement Discussions: In many cases, a fair settlement can be reached without going to trial, which can shorten the process considerably. However, if the insurance company or defendant is unwilling to offer a reasonable settlement, this phase may extend.
Litigation and Trial: If the case proceeds to litigation, the timeline becomes longer. Discovery, pre-trial motions, and trial preparation can take months to over a year. Trials themselves add additional time and can vary from days to weeks, depending on the case’s complexity.
While every case is unique, the average personal injury case can last anywhere from several months to two years. Working with an experienced attorney can help streamline the process and ensure your case moves as efficiently as possible.
How a Personal Injury Lawyer Can Help
A personal injury attorney at Varghese Summersett can be crucial in helping you navigate your compensation claim. Our experienced lawyers understand Texas laws and can handle complex tasks such as gathering evidence, negotiating with insurance companies, and calculating the full extent of your losses. We work with medical experts, accident reconstruction specialists, and economic analysts to strengthen your case and maximize your compensation.
Need to Protect Your Job after a Personal Injury?
When a personal injury impacts your job and livelihood, there’s no time to wait. At Varghese Summersett, we’re here to advocate for your rights and help you navigate the legal complexities. Call us today at (817) 203-2220 or contact us online for a confidential consultation. Our dedicated team is ready to help you every step of the way. Best of all, we work on contingency, which means you will never pay anything upfront or out-of-pocket. You focus on your recovery, and we’ll handle the rest.
