Harassed by employer, then fired for filing an injury claim...

by Nicole

I fell at work and messed up my wrist. I've had two surgeries since the injury. During my treatment the HR person (sister of owner) at times gave me problems.

She did things like constantly telling me she could fire me, popping drug tests off the clock right before my surgery, calling me stupid, writing me up for not trying to come into work when I had 3 doctors appointments, forcing me to make extra trips back to work just to tell me no, and more.

Since then I was fired and I ended up closing the workers comp case because I needed the money. Now my wrist is constantly hurting and I don't know what to do.

So my questions are: Do I have a case against my former employer? Can I re-open my workers comp case for medical help now? Is there anything else I can do? Thank you.

Visitor Question:
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ANSWER for "Harassed by employer, then fired for filing an injury claim...":

Nicole (Texas):

Most employers care about their employees's health and welfare. Unfortunately, there are some employers who treat their employees like indentured servants. It appears you may have suffered needlessly at the hands of your employer.

Unfortunately, unless you were working under a written contract of employment, and it's terms were violated, or you can prove your termination was based on discrimination such as your race, gender, religious beliefs, or age, you do not have the basis of a wrongful termination case against your previous employer.

Moreover, from the facts you present your workers' compensation claim was appropriately settled and closed. As a result, you do not have the bias to reopen it. The only legal basis to reopen a closed workers' comp claim is a showing of fraud. No fraud seems to have been committed.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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