4 Facts You Need to Know About Workers’ Compensation Retaliation

June 1, 2018 | By David M. White
4 Facts You Need to Know About Workers’ Compensation Retaliation

Getting injured on the job can be catastrophic enough without then losing your job or suffering other career-related setbacks. Unfortunately, many individuals who suffer workplace injuries also suffer workers’ compensation retaliation. This type of retaliation consists of a variety of actions taken by employers to punish workers for pursuing their rights under Texas’ workers’ compensation laws. Any time you are injured on the job, you should enlist the services of a personal injury attorney.

This professional can help you determine whether you qualify for a workers’ compensation lawsuit and help you to navigate the process if you do. However, it is even more important if you feel that you have been retaliated against by your employer because of your attempts to collect workers’ compensation. If you want to learn more about what workers’ compensation retaliation is, and how a work injury attorney can help, consider these facts.

Workers’ compensation retaliation is real, and it is illegal.

Many employees have never heard about workers’ compensation retaliation, and may not realize it is happening to them. Or, they may be caught off guard when an application for workers’ compensation results in the loss of their job. They may wonder whether, in an at will employment state such as Texas, their employer is justified in letting them go.

The reality, however, is that workers’ compensation retaliation is real, and it is illegal. Even though Texas allows for at will employment, in which employers and employees can terminate employment for any reason or no reason, employees are still prohibited from firing or otherwise punishing employees for pursuing workers’ compensation. Actions that are protected from retaliation include (but are not limited to) filing a workers’ compensation claim or hiring a personal injury attorney to assist with a workers’ compensation lawsuit.

As a result, if you have been fired and have reason to believe it was because of your attempts to collect justified workers’ compensation for your workplace injuries, you should reach out to a personal injury attorney for assistance. An experienced attorney can help determine whether you have a case and can help you to pursue your rights under Texas law.

Workers’ compensation retaliation doesn’t always include losing your job.

Being fired is perhaps the most obvious or severe form of workers’ compensation retaliation. However, it is not the only action an employer can take that will qualify as this kind of retaliation. Texas law says that an employee may not fire or “otherwise discriminate against” an employee because of their attempts to collect workers’ compensation.

As a result, workers’ compensation retaliation may include other activities, such as demotions, that are undertaken as a result of your attempts to pursue workers’ compensation. A personal injury attorney can be an invaluable resource if you have suffered any kind of negative response from your employer because of your workers’ compensation application. This professional can help determine if the consequences you have suffered qualify for a workers’ compensation retaliation case, even if you have not been fired.

Workers’ compensation retaliation lawsuits can earn you compensation from your employer.

Workplace injuries often require compensation from the employer to help you cover medical bills, pay you for time spent recuperating, to make up lost wages, and more. However, if your employer retaliates against you for pursuing the compensation you rightfully deserve for your workplace injuries, you may also be due additional damages.

These damages, if you win your case, often include getting your job back, or other reversals of the retaliatory action taken by your employer. In addition, you may receive damages that include punitive damages, lost wages, and even damages for the distress you suffered as a result of the retaliation.

As a result, if you have suffered, or think you may have suffered, from workers’ compensation retaliation, you should reach out to a personal injury attorney. Not only can they help you evaluate and navigate your retaliation claim, but they can also assist you with your workers’ compensation suit so that you receive the compensation you deserve for both your injury and for any wrongful actions taken by your employer as a result of your participation in the workers’ compensation process.

A personal injury attorney offers comprehensive support for your workers’ compensation needs.

Workers’ compensation retaliation never occurs in a vacuum. Instead, by its very nature, it is intimately connected to a workers’ compensation claim and your need to receive support from your employer as you recover from injuries sustained in the workplace. As a result, you may need professional legal help on a number of fronts after a workplace injury. In these cases, it is a good idea to consult with a personal injury attorney. These professionals can handle any aspect of your case.

For example, a personal injury lawyer will be able to help you submit your workers’ compensation claim, evaluate the circumstances surrounding your injury, determine if you have grounds for a workers’ compensation retaliation claim, hire experts to assess the scene of the accident, ensure that all of the state’s workers’ compensation laws have been followed, and help you to pursue a fair settlement for both your injury and any retaliation you may have suffered.

Here at the Law Offices of David M. White, we have extensive experience handling personal injury cases and workers’ compensation retaliation situations. We can aggressively pursue a fair outcome for you, while allowing you to receive the medical care you need to recover from your injuries.

If you have suffered a workplace injury, and especially if you feel that you have suffered from workers’ compensation retaliation, do not hesitate to reach out to us. We offer free consultations and can quickly get you headed on the road toward a favorable and fair outcome for your case.

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David M. White


David M. White is an attorney with offices in Abilene and San Angelo, Texas. His practice is focused on Personal Injury cases and Criminal Defense. Mr. White attended Texas Tech University where he earned a B.B.A. in Finance in Honors Studies in 2002, graduating magna cum laude. He received his Doctor of Jurisprudence from the Texas Tech University School of Law in 2006.

If you, a friend, or family member need legal advice, please feel free to contact our firm for a free consultation with David White, a Personal Injury attorney in Abilene, Texas.

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