Workers’ Compensation Retaliation
Being injured on the job can be a tragic event with multiple different consequences. First, you may be put in a position where your injury renders you unable to perform your job duties temporarily. Second, you may need to undergo serious medical treatment including therapy and even surgery in order to recover. These consequences are bad enough without worrying about being retaliated against by your employer because you were hurt on the job and had to file a workers’ compensation claim to get the treatment and possibly the income you need while out of work. Unfortunately, many times employers retaliate against an employee who files a workers’ compensation claim. Usually, the motivation for this is that employers frown upon workers’ compensation claims because they want to keep their insurance premiums low. Other times, employers do not want to deal with accommodating an injured employee while he/she recovers and would instead choose to terminate the injured worker and find a replacement. If you find yourself in this situation, speak to an experienced Houston employment lawyer so that you can understand your rights and potentially protect your job.
The good news is, it’s illegal in Texas to retaliate against an employee for filing a workers’ compensation claim, participating in the workers’ compensation appeal process or getting a workers’ compensation lawyer to assist them so long as the employer is a subscriber (or in other words, has workers compensation insurance). Also, even if you tried to file a workers’ compensation claim but were prevented from doing so by your employer, any negative actions taken against you as a result may still be considered workers' compensation retaliation in Texas because you did attempt to file your workers’ comp claim in good faith. If your employer fires or demotes you because you took any of these actions following an on the job injury you may have been subject to unlawful retaliation and your employer could be found in violation of Texas laws. A Houston employment lawyer that is experienced in handling workers compensation retaliation claims can help advocate for you and make sure your employer (or former employer) does not get away with any illegal actions.
It is important to note that under the Texas Labor Code, a workers’ compensation retaliation claims does not involve any determination as to the injury. For example, even if an employee was involved in an accident on the job and filed a workers’ compensation claim because he/she believed that they had suffered an injury, but medical tests revealed no injury resulted, a claim for workers compensation retaliation could still exist. People often confuse the workers’ compensation process, that focus’ more on the injury, when assessing a workers’ compensation retaliation claim. A workers’ compensation retaliation claim focuses on what negative actions the employer may have taken against the employee because of his/her filing a workers’ compensation claim or participating in the workers compensation process. In many of these situations, an employee is unsure of what steps to take when these circumstances occur. A good way to ensure you know you rights and what to do when these unfortunate circumstances arise is to consult an attorney knowledgeable about workers’ compensation retaliation cases. If you are in the Houston area and need to speak with a Houston workers’ compensation retaliation lawyer.
If your employer retaliates against you for filing a workers’ compensation or participating in the workers compensation process, you can take legal action but you must act quickly. If you are in the Houston area and need to speak with a Houston workers’ compensation retaliation lawyer call Leeds Law Firm so that we can listen to your story and make sure you know all of your rights in these situations. Some employees have been awarded substantial money because of workers’ compensation retaliation.
If you have been injured on the job and have filed or even attempted to file a workers compensation claim and then subsequently have been terminated or treated negatively in any way by your employer, it is important to consult a knowledgeable Houston employment lawyer to see if you can assert your rights under Texas law to protect your job or recovery monetary compensation for your lost income after termination.
Leeds Law Firm has experience handling workers’ compensation retaliation claims in the Houston area. We can help you determine whether your rights have been violated and what to do next. If you believe you are being or may have been discriminated or retaliated against due to your workers’ compensation claim, call Leeds Law Firm now and set up a FREE phone consultation with a Houston employment lawyer so that we can get to know you and your situation and advocate for you.