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Retaliation for Filing a Workers Compensation Claim

– Retaliation for Filing a Workers’ Compensation Claim

Texas is an “at-will” employment state, which means that employers can terminate employment for a good reason, bad reason, or no reason. Generally as long as the cause is not an “illegal” reason. Our office handles cases found in section 451 of the Texas Labor Code. Along with other protections, this Texas statute states that it is illegal for an employer to discriminate against an employee for filing a workers’ compensation claim in good faith.

Workers’ Compensation Retaliation Claims

Texas Labor Code § 451.001 provides: A person may not discharge or in any other manner discriminate against an employee because the employee has filed a workers’ compensation claim in good faith. It also includes hiring a work injury lawyer to represent the employee in a suit.

Several universal factors can be seen as circumstantial evidence. An example would include knowledge of the work injury claim by those deciding on termination. Likewise, expressing a negative attitude toward the employee’s injured condition.

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