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Story short I was injured at work on 6/5 I was lifting a box

Customer Question
hello, JA: Hi. How can we...
hello,
JA: Hi. How can we help?
Customer: long story short I was injured at work on 6/5 I was lifting a box I went to workmens comp doctor who examined me very little diagnosed me with sprain and said I needed pt. I still felt very bad a couple days later went to er and they did mri 3 bulging disks and tear in annulus fibrosis, once I give them paper work I start to feel like somethings wrong. I ask my co worker who is really close with boss am I gonna get fired she says I hate to tell you but they said we need to let her go. I went into work today very upset. I ask if I am getting fired he sends me text that says if you get fired it wont be because of you lifting a box. he tells me I want to talk to you at 430. I go up front I hit record on my phone for 50 mins he cusses me out about coming in at 9 when it was never a problem he starts to accuse me of many untrue things. I was away he he physically comes at me. I am so shaken I don't know what to do. I have it all recorded. he came at me in front of another employee which you can hear on recording. I don't know if he will tell the truth
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: what do u mean
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: texas
JA: Has anything been filed or reported?
Customer: the workmens comp report of injury but the confrontation just happened a couple hours ago
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 5 months ago.Category: Employment Law
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Answered in 51 minutes by:
6/15/2017
Employment Lawyer: Michael Gonzalez,
 replied 5 months ago
Michael Gonzalez
Category: Employment Law
Satisfied Customers: 542
Experience: Managing Member at EWF Title, LLC
Verified
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.Texas is an at will employment state, which means you can be fired for any reason or for no reason at all. However, there are exceptions to the general rule of at will employment. For example, workers’ compensation laws protect you from retaliation and prohibit your employer from firing you because you make a claim or in an effort to avoid paying benefits. The Americans with Disabilities Act, a federal law, also applies in Texas and precludes your employer from firing you because of a disabling medical condition.If you are unable to work at all because of your work injuries, then your employer will need to pay disability benefits and cannot fire you due to your inability to work. If you are put on restricted duty, you employer can offer you a light duty position that you can do with your health limitations. If you do not accept, then your benefits can be reduced based on what the work would pay you.If you accept the position, your employer must respect the limitations your doctor set when he returned you to work under restricted duty in Texas. If your employer tries to make you do something that your medical condition prohibits you from doing, your employer cannot fire you because of your health limitations. However, if you do not do the job well, then your employer may try to fire you and argue that you have been fired for cause (i.e. because you were a poor performing employee). As a result of this risk, it is important that you ensure your doctor is very clear about what you can and cannot do when you are released to work a light duty job.As for the recording, it may be legal under Texas law. The law does not cover oral communications when the speakers do not have an "expectation that such communication is not subject to interception under circumstances justifying such expectation." See Texas Crim. Proc. Code § 18.20. Therefore, you may be able to record in-person conversations occurring in a public place, such as a street or a restaurant, without consent. This may apply to your workplace. Therefore, you may be utilize your boss' recorded statements against the company.Notwithstanding the above, I highly recommend consulting a local worker's compensation attorney to protect your rights and interests.
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Employment Lawyer: Michael Gonzalez,
 replied 5 months ago

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Michael Gonzalez
Category: Employment Law
Satisfied Customers: 542
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Experience: Managing Member at EWF Title, LLC

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