Retaliation for Filing a Workers' Compensation ClaimWorkers' Comp Retaliation Lawyer

Name: Workers' Comp Retaliation Claims
Brand: Espinoza & Brock
Rating: 4.1 (112 reviews)

Section 451 of the Texas Labor Code protects workers from being discriminated against for filing a workers’ compensation claim in good faith. As soon as you report your on-the-job injury to a supervisor, you are protected from being retaliated against from your on-the-job injury. If you were injured on the job while working for a company that subscribes to workers’ compensation insurance and your employer terminated you for pursuing workers’ compensation benefits or for hiring an attorney, you may be able to file a lawsuit under this Labor Code provision with one of our workers' compensation retaliation attorneys in San Antonio.

Texas Labor Code Section 451 – Workers’ Compensation Retaliation Claims

It is illegal for an employer to fire a worker because they are seeking fair workers’ compensation. Texas Labor Code § 451.001 states that an employer may not discharge or in any other manner discriminate against an employee because the employee has:

Filed a workers’ compensation claim in good faith
Hired a lawyer to represent the employee in a claim
Instituted or caused to be instituted in good faith a claim for workers’ compensation benefits
Testified or is about to testify in a proceeding for workers’ compensation benefits.

Do You Have a Valid Workers’ Compensation Retaliation Claim?

Texas is an “at-will” employment state, which means that employers and employees can terminate the employment relationship for nearly any reason or no reason at all as long as the reason is not “illegal.” Under most circumstances, you can quit your job at any time for any reason without fear of legal consequences. Likewise, your employer can fire you for nearly any reason without fear of legal consequences. One of the illegal reasons that our office deals with regularly is violations of Texas Labor Code section 451, which protects against workers’ compensation retaliation. It is illegal for an employer to discriminate against an employee for filing a workers’ compensation claim, reporting their workers’ compensation injury, or hiring a workers’ compensation attorney. If your employer retaliated against you, you need a workers’ compensation retaliation lawyer in San Antonio to protect your rights as an injured worker.

The Key to Proving Retaliation

Several factors have been recognized as circumstantial evidence sufficient to establish a causal link between filing a compensation claim and subsequent termination of employment. At trial, the employee must prove that “but for” the filing of the workers’ compensation claim, the termination would not have occurred when it did. The employee does not need to prove that the work injury or the filing of a workers’ compensation claim was the sole cause of his or her termination. Rather, they must show that, “but for” the filing of the claim, the discharge would not have occurred when it did.

Our Firm has devoted many resources to handling workers’ compensation retaliation claims across the state of Texas from our San Antonio and El Paso law offices. We have successfully pursued these cases in private arbitration and in trial at court. We don’t back down when it comes to protecting your rights.

Espinoza & BrockWe Put Protecting Workers’ Rights First

Espinoza & Brock was founded by Javier Espinoza, a first-generation American immigrant. His father worked construction to support his family and later Javier did the same while also becoming the first in his family to graduate high school and college. Like Javier, every member of our team is passionate about protecting workers—regardless of legal status—and helping bring about changes in policies.

We have offices in San Antonio and El Paso and are one of the few firms in the state that handle all aspects of workers’ comp cases. Our clients are our family, so if you or a loved one has been fired shortly after filing for benefits after a workplace injury, call us to speak with a workers’ compensation retaliation lawyer about your rights.

Get the Legal Representation You Need Now

Call us or fill out our online form to schedule a free consultation with a workers' compensation retaliation attorney in El Paso or San Antonio so we may determine if your employer violated your rights and retaliated against you for justly pursuing benefits for a workplace injury.