An employee doesn't have to take the insurance company or employer's denial of benefits as the last word in a workers compensation case. Often the insurance company may have incomplete facts to support the denial, or they may even just deny a claim for benefits and wait for the employee to fight back (many will give up and just not pursue the claim at all, saving the insurance massive amounts of money).
If an employee requests a hearing to dispute a denial of benefits, that is not a valid reason for termination and constitutes an exception to the general "at will" employment doctrine in Texas.
Sec. 451.001. DISCRIMINATION AGAINST EMPLOYEES PROHIBITED. A person may not discharge or in any other manner discriminate against an employee because the employee has:
(1) filed a workers' compensation claim in good faith;
(2) hired a lawyer to represent the employee in a claim;
(3) instituted or caused to be instituted in good faith a proceeding under Subtitle A; or
(4) testified or is about to testify in a proceeding under Subtitle A.
Subchapter A is just a reference to the Texas Workers Compensation Act. Insurance companies and employers hire attorneys and insurance adjusters to represent their interests in cases. That may be a benefit review conference, contested case hearing, Appeals Panel review, SOAH hearing, or judicial review action. An employee can have the same right to go to a hearing, push for compensation and benefits, and litigate any denial fully. An employee who is terminated for requesting a hearing or any type of proceeding can sue for damages and reinstatement.
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