Human Resource Blog

TX FMLA/Workers’ Comp Question

My wife was hurt at work and the doctor they sent her to only released her to light duty. She has not been allowed to return because they could not accomodate her light duty. She has been given 12 weeks to be released to full duty or they will look to fill her position. Is this legal?

No, this doesn’t sound right. This would be correct if your wife was on FMLA leave for a non-work-related injury. However, on workers’ comp, your wife is usually entitled to job-protected leave for as long as she needs it. It sounds like the employer does not realize that your wife’s injury is job-related, or has forgotten. By the way, your wife can see any doctor she likes — she is not required to use the doctor the company designates. Because it’s a workers’ comp claim, the doctor will still bill the company.

Your wife should contact the Ombudsman for workers’ comp in Texas. Most states have WC Ombudsman, who act as free advocates for injured workers. Some injured employees hire lawyers instead of working through the Ombudsman. Read more about the Ombudsman and TX WC at http://www.tdi.state.tx.us/wc/employee/workerresources_english.html