I frequently get calls from employees, who have been terminated after an on the job injury, who ask "how can I be fired, I was under doctor's care".  Contrary to many people's understanding there is not a law in Texas or under federal law that protects an employee just because they are off work and still under doctor's care after being injured on the job.  But, all is not lost.

There are some laws that may help, such as the Americans with Disabilities Act (ADA), the Texas Labor Code that protects employees from being discriminated against or fired for filing a worker's compensation claim, the Family and Medical Leave Act (FMLA). 

Under the FMLA an employee can be fired after the expiration of 12 weeks of leave.  However, if the employee just needs a few more days or weeks to be ready to return, the employee can request a reasonable accommodation of an extended leave for these days or weeks.  If the employer refuses and the employee can convince a jury that the leave extension was reasonable, the company could be liable under the ADA.