Do You Have A Case?
Free. Simple. Quick.
Being fired after a work injury is a significant concern for many employees in Texas. Knowing your rights and the legal protections available is crucial if you find yourself injured on the job. This post will explore the legal landscape surrounding employment termination after workplace injuries, focusing on Texas workers' compensation laws and retaliation protections.
Texas law provides certain protections for employees who suffer from workplace injuries. Primarily, under the Texas Workers' Compensation Act, employers who subscribe to workers' compensation insurance cannot retaliate against an employee for filing a workers' compensation claim. This means if you're fired after a work injury, and the motive behind your dismissal is your claim, this could constitute illegal retaliation.
It’s important to understand that Texas is an "at-will" employment state, generally meaning employers can terminate employees for any reason that isn't specifically prohibited by law. However, the law carves out an exception for workers’ compensation claims. Employers cannot lawfully terminate an employee just because the employee has reported a workplace injury or has filed a claim for compensation.
Retaliation isn’t limited to just termination. Other forms of adverse actions include demotion, reassignment to a less desirable position, reduction in pay, or unwarranted negative performance reviews. Recognizing these actions as potential retaliation is vital for protecting your rights.
If you suspect that your employer's actions may be retaliatory, it is essential to gather as much evidence as possible. This can include emails, witness statements, performance reviews, and any communications related to your workplace injury or workers' comp claim. Documenting these details can be critical when making a case for retaliation.
It is also highly advisable to consult with an attorney who specializes in Texas workers' comp retaliation cases. An experienced lawyer can provide guidance based on the specifics of your situation and help determine the best course of action. They can assist in negotiating with employers or pursuing legal claims if necessary.
If you are terminated after suffering a workplace injury, it's important not to take hasty actions like signing severance agreements without legal advice. Contact an attorney experienced in employment and compensation law to review any documents and discuss the specifics of your case. In situations where retaliation is evident, legal action may be advisable to pursue reinstatement, back pay, or other forms of compensation. An attorney will be able to advise on the likelihood of success given the particulars of your situation and can represent you in negotiations or court proceedings if needed.
Being informed about your rights and the right steps to take following a workplace injury is paramount. Remember, the aim of the Texas Workers' Compensation Act is not just to provide financial assistance but also to protect you from unjust treatment in the aftermath of workplace injuries.
This article is for informational purposes only and does not constitute legal advice. If you’ve been injured at work in Texas, consult with an attorney to understand your rights.
Every client deals directly with an attorney, not a legal assistant.
Each member of our office wants to go above and beyond what the client wants.
We use the latest technologies to serve our clients better.
We make things as easy as possible for our clients.
We make it easy to get answers.
Success comes from years of hard work on behalf of our clients.
