Injured worker sits on boxes. | Patrick Daniel Law

What Is a Workers’ Comp Claim?

A workers’ compensation claim is a formal request for benefits after a work-related injury. When you file a claim, you are seeking coverage for medical expenses, lost wages, and disability benefits—whether your employer was at fault or not.

Workers’ comp is a no-fault system—you don’t have to prove that your employer’s negligence caused the accident. In return, most employers with workers’ comp insurance are protected from personal injury lawsuits.

However, not all Texas employers are required to carry workers’ comp insurance. If your employer does not have coverage, you may have to file a personal injury lawsuit instead of a workers’ comp claim.

Can I Lose My Construction Job for Filing a Workers’ Comp Claim?

Legally, your employer cannot fire you for filing a workers’ comp claim. Under Texas Labor Code § 451.001, it is illegal for an employer to retaliate against an employee for pursuing workers’ comp benefits. This means they cannot:

Fire or lay you off in retaliation for filing a claim
Cut your hours or demote you
Intimidate or harass you for seeking benefits
Discriminate against you for your injury

However, this does not mean your job is automatically protected. If your injury prevents you from performing essential job duties, your employer may legally terminate or replace you. However, if you suspect retaliation, you may have grounds for legal action.

Can I Lose My Job Due To My Injury?

While workers’ comp laws prohibit retaliation, Texas is an at-will employment state, meaning an employer can fire you for almost any reason—except discrimination or retaliation. In other words, your employer cannot fire you simply because you were injured or filed a workers’ comp claim.

Federal laws, such as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), may offer additional protections in your case. For instance, if you qualify for FMLA protections, you may be entitled to up to 12 weeks of unpaid leave while recovering from your injury.

There are legitimate reasons your employer can fire you while you’re on workers’ comp—as long as the reason is unrelated to your injury or claim. These include:

Poor Performance: If your job performance declines due to reasons unrelated to your injury, such as failing to meet expectations or missing deadlines, your employer may have grounds for termination.
Misconduct: Violating company policies, engaging in fraud, or other workplace misconduct can result in termination, even if you’re receiving workers’ comp benefits.
Operational Needs: If your employer downsizes, restructures, or closes operations, they may terminate your position—so long as it’s not a pretext for avoiding your workers’ comp benefits.

If your employer wrongfully fires you while you’re recovering, a practiced Houston workers’ comp lawyer can assess whether you have a claim for wrongful termination.

What Happens If I’m Not Allowed To Go Back to Work When I Feel Ready?

Your doctor’s recommendations control your return-to-work timeline, not your employer’s preferences. If your doctor says you are not cleared to return, your employer cannot force you back.

If your employer refuses to allow you to return even after medical clearance, you may have grounds for wrongful termination. Likewise, if your employer demands you return before you are medically able, this could be considered a workers’ comp violation.

Why Should I File for Workers’ Comp After a Construction Injury?

As we said, filing a workers’ compensation claim is your right and often the best way to maintain financial security while healing from your injuries. Workers’ comp benefits may cover:

Medical expenses (hospital bills, surgeries, rehab, prescriptions)
Lost wages if you’re unable to work
Disability benefits for long-term injuries
Vocational rehabilitation if you need to transition to a new job

Choosing not to file a claim means you’re responsible for covering these costs on your own. Even if your injury seems minor, complications can arise, and failing to file could leave you without benefits if your condition worsens.

If you’re concerned about employer retaliation or job security, speak with a lawyer before filing. A strategic workers’ compensation attorney can help you through the process and protect your rights.

What To Do If You Get Hurt on the Job

Knowing what to do if you get hurt on the job is vitally important. If you’re injured on a construction site, your first priority should be getting medical care. Taking the right steps early on can be crucial to your recovery—both physically and financially.

Here’s what you should do:

Seek Medical Attention—See a doctor even if your injury seems minor.
Report the Injury—Notify your employer immediately. Failing to report can jeopardize your claim.
Document Everything—Keep copies of medical records, accident reports, and witness statements.
Follow Medical Instructions—Ignoring your doctor’s advice can harm your recovery and claim.
Consult a Houston Workers’ Comp Lawyer—If you’re unsure about filing or facing resistance, an attorney can help.

The sooner you take action, the better your chances of securing the benefits you need and deserve.

Should I Consult a Houston Workers’ Comp Lawyer?

It’s hard to know what to do if you get hurt on the job, especially if it’s your first time being injured on a construction site. Understanding your rights can be confusing, so consulting a Houston workers’ comp lawyer is the best way to determine your options.

Consulting a workers’ compensation lawyer can:

Ensure your claim is filed correctly and on time
Protect you from retaliation if your employer tries to fire or intimidate you
Maximize your benefits so you aren’t left covering expenses on your own
Explore alternative legal options if your employer is a non-subscriber

A lawyer can also appeal denied claims and fight back against lowball settlement offers.

Contact Patrick Daniel Law Today

You work hard, and if you’ve been injured, you deserve fair compensation. You may not know what to do if you get hurt on the job, but we do. Don’t let fear or confusion keep you from filing a workers’ comp claim.

At Patrick Daniel Law, we take a Strategic. Meticulous. Merciless. approach to fighting for injured construction workers. Contact us today for a FREE consultation with our Houston workers’ comp lawyer. We represent injured workers throughout Texas.

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