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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 2 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption