What can I do if I was written up for calling in due to a work related injury?

UPDATED: Oct 2, 2022

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What can I do if I was written up for calling in due to a work related injury?

My employer wrote me up for calling in from work for 2 days after I injured my shoulder on the job.I went to their occupational health doctor the following morning after my shift on the hospital unit and was immediately put on workers comp light duty? Due to pain, I called in the following 2 days and was on light duty from the end of February to the second to last week of April. Just recently after a meeting with the nurse manager, I found out that the 2 days I called in due to the work-related injury counted against me as a write-up for call-ins. Is this illegal to have a write-up for a work-related injury while officially placed on workers comp? The hospital’s call-in policy states that you can only call out with proof of having the flu.

Asked on September 20, 2019 under Employment Labor Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An employer can have an attendence policy.  However, they cannot use any policy to retaliate or discriminate against anyone who has filed a worker's comp claim.   If you think that this policy is being used to retaliate because of your comp claim, then you need to file a complaint with the worker's comp commission for a retaliation claim.

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