If I was laid off while still under a doctor’s care for a workman’s comp injury, is this legal?

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If I was laid off while still under a doctor’s care for a workman’s comp injury, is this legal?

Will this keep me from being able to collect unemployment due to my inability to seek full-time employment?

Asked on June 26, 2015 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you may be laid off while receiving workman's comp (workman's comp pays you compensation, but does not hold your job) or while under a doctor's care; an employer is not required to retain, employ, or pay people who cannot do their jobs.

(Note: if you and your employer are both covered by the Family and Medical Leave Act [FMLA], you may be able to take unpaid FMLA leave for up to 12 weeks, during which time you cannot be laid off. You can find the eligibility criteria on the Department of Labor [DOL] website. The maximum time for leave is 12 weeks. Generally, you have to apply for leave in advance, but it's not impossible that your employer would let you do so retroactively.)

If you can't look for employment, you cannot receive unemployment compensation, generally. You be eligible for state disability however, or possibly even federal SSI--it's worth looking into.


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