retaliation in workers compensation cases

Retaliation in the context of workers' compensation refers to adverse actions taken by an employer against an employee who has filed a workers' compensation claim or exercised their rights under workers' compensation laws. This subpage delves into the specific issue of workers' compensation retaliation, including its forms, legal protections, and steps for addressing it.

Forms of Workers' Compensation Retaliation

Workers' compensation retaliation can manifest in various ways, including:

Termination: An employee is fired shortly after filing a workers' compensation claim or reporting a workplace injury.

Demotion: An employee experiences a significant reduction in job responsibilities or a demotion as a result of seeking workers' compensation benefits.

Harassment: The injured employee faces hostility, mistreatment, or unfair treatment in the workplace after pursuing workers' compensation benefits.

Adverse Changes: Other negative changes may occur, such as reduced hours, pay cuts, or undesirable shifts, in response to the workers' compensation claim.

Legal Protections Against Workers' Compensation Retaliation

Employees who file workers' compensation claims are protected from retaliation by law. In Texas, these protections include:

Texas Labor Code: Under Section 451 of the Texas Labor Code, employers are prohibited from retaliating against employees who file workers' compensation claims.

Retaliation Lawsuits: If an employer retaliates against an employee for filing a workers' compensation claim, the affected employee may have grounds to file a lawsuit against the employer.

Steps to Address Workers' Compensation Retaliation

If you suspect you've experienced retaliation after filing a workers' compensation claim, taking these steps can be crucial:

Document the Retaliation: Maintain detailed records of any incidents related to retaliation, including dates, times, locations, and individuals involved.

Consult an Attorney: Seek legal advice from an experienced workers' compensation attorney who can help you understand your rights and navigate the legal process.

File a Complaint: Depending on your situation, consider filing a complaint with the Texas Workforce Commission (TWC) or pursuing other legal remedies.

Pursue Legal Action: In some cases, you may need to pursue legal action against your employer to address the retaliation and seek compensation for damages.

Remember, workers' compensation retaliation is illegal, and you have the right to protect your interests. Consulting with an attorney who specializes in workers' compensation cases is an essential step in addressing retaliation and ensuring your rights are upheld.