- In Texas, employers are generally not required to make accommodations for injured employees.
- Although you cannot be fired for bringing a Workers’ Compensation claim, Workers’ Compensation laws do not require your employer to make accommodations for your injury.
- If your injury qualifies as a “disability” under the Americans With Disabilities Act, you may be entitled to accommodations.
- You may also take up to 12 workweeks of leave under the Family Medical Leave Act if your injury prevents you from performing the essential functions of your job.
In Texas, as a general rule, employers are not required to make accommodations for injured employees.
Employment at Will
This rule stems from the basic principle of “employment-at-will.” In Texas, absent an express agreement to the contrary, either the employer or the employee may end the employment relationship at any time and for any reason. There are, of course, exceptions to this principle. Termination may not be based on an employee’s race, color, religion, gender, age, national origin, disability, or citizenship. An employer also cannot terminate an employee for filing a Workers’ Compensation claim.
Workers’ Compensation
In Texas, employers are not required to have Workers’ Compensation Insurance. If your employer does have Workers’ Compensation Insurance, it may be required to provide you with income and medical benefits in the event of a work-related injury. However, the Workers’ Compensation laws do not require your employer to offer you accommodations, such as a return to light-duty work. Of course, your employer may offer you light-duty work voluntarily, since this is often cheaper and easier than hiring and training a new employee.
Americans With Disabilities Act
One major exception to the general rule exists if your injury amounts to a “disability” under the Americans With Disabilities Act.
The Americans with Disabilities Act defines a “disability” as:
- A physical or mental impairment that substantially limits a major life activity;
- A record of such an impairment; or
- Being regarded as having such an impairment.
An employee has a “disability” under the third “regarded as” prong if he or she:
- Has an impairment that does not substantially limit a major life activity but is treated by an employer as if it were substantially limiting;
- Has an impairment that substantially limits a major life activity because of the attitude of others towards the impairment; or
- Has no impairment but is treated as having a substantially limiting impairment.
If your injury is only temporary or is not severe enough to substantially limit a major life activity, it will not qualify as a “disability.”
If your injury does qualify as a “disability” under the Americans with Disabilities Act, your employer must make “reasonable accommodations” for your disability. Such accommodations may include:
- Making existing facilities accessible;
- Job restructuring;
- Part-time or modified work schedules;
- Temporarily converting a position to light duty;
- Acquiring or modifying equipment;
- Reassignment to a vacant position.
Family Medical Leave Act
If you are unable to perform the essential job functions of your position due to a work injury; your injury does not qualify as a “disability” under the Americans with Disabilities Act; and your employer does not voluntarily offer you light-duty work, you may consider taking leave under the Family Medical Leave Act. Under the Family Medical Leave Act, you may take up to 12 workweeks of leave in a 12-month period for a serious health condition that makes the employee unable to perform the essential functions of his or her job.
Written by:
Linda K. Leibfarth
Watts Guerra LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Phone (210) 447-0500
© Watts Guerra LLP 2015
