Can I be fired for an on the job injury?

[lilperson ee]

I work at a paintball field and Yesterday I was injured breaking my collar bone and separating my shoulder.

So the owner is paying my hospital bills himself instead of workers comp or insurance.

So if I get fired can I fight it? or am I just screwed.

I am 16 and this is my first job. I live in Texas if that matters

[blundervote]

he should have insurance
which he doesnt
paying out of hius own pocket

he can loose his business license for not having any
insurance
he needed insurance to get his business llicense

[Lillian]

What does it matter who pays for your medical bills as long as they are paid for? You are getting taken care of, so i don't understand why you think you are getting screwed.

[eldude]

You should tell the doctor it is a work related injury, it's nice to think your boss is just trying to help you or help himself but in the end, you need to look after your own hide.
He's doing that so his insurance doesn't go up, plus, you may be entitled to some monetary compensation for your pain and suffering that the state provides through the workmens compensation insurance. If he has enough money to pay your bills, he has enough money to pay any increase in insurance for his company.

[pumpkin_sl]

ya didn't say how ya were injured, like how it happened to know if it was a accident or if you did something you shouldn't of done that caused it, your a juvenile that's on your side he had to pay for it pretty much the workers comp, seems to me your boss is paying for bills he doesn't have workers comp or it cost to much or workers have been hurt a lot there good luck

[jcurrieii]

Your boss, if paying out of pocket, may be doing so to avoid trouble with Worker's Comp or the State, or because he has no insurance.

Can he fire you for being injured in the performance of your duties? Generally speaking, no...although there are legally allowable exceptions.

If he fires you for being injured, yes you can fight it. If he fires you because you deliberately placed yourself in a position to BE injured, no you can't, and if he proves his point, you're screwed.

Then there is also the issue of whether Texas is a "Right to Work" State. If it is, from what I've heard, you can be fired for any reason at the whim of your employer, and that you have no recourse outside of Human Rights Issues.

Good Luck, and Fast Healing!

[All hat]

If you can't do the job, then the employer should not have to pay you - no matter why you can't do the job. That's only reasonable. But, it sounds like he should have had worker's comp. But as long as he's paying the hospital bill, you're probably getting all the benefit anyone else could hope for. If you're a fireman or something, then they may provide some longer term disability pay, but that's usually a union contract thing not normally found in everyday employment.

[Peanut]

Interesting that you should ask such a question. Yesterday I slipped and fell in our parking lot because it was not plowed properly. I did some research and here is what I found out. Take pictures if possible and be sure to file a workmans compensation form within 24 hours if possible. Your boss has to pay for your medical bills if you are injured on the job and cannot resume your duties. Not only does he have to pay for your medical expenses, he CANNOT fire you. You would then we able to get disability benefits possibly if you could not continue to work. You might even file a lawsuit to be recompensed for your injuries. Either way you NEED to report this as a part of workmans comp. not out of his own pocket. What he is doing is avoiding the documentation trail that will follow. You will be sorry if you dont follow proper procedure. Lastly, go to the department of labor and seach "work injuries". You will find a whole host of information and laws pertaining to your injury. You can even call the state representative as listed on the website, Go to www.dol.org and good luck!