Workers' Comp Employer Retaliation Lawyer
About Employer Retaliation in Houston
Employer retaliation can occur when an employee attempts to file a workers' compensation claim that their employer somehow believes will adversely affect them. This practice is highly illegal and can lead to serious consequences for any employer caught doing so. Texas labor code Section 451.001 of the Texas Labor Code provides that "A person may not discharge or in any other manner discriminate against an employee because the employee has: (1) Filed a workers' compensation claim in good faith; (2) Hired a lawyer to represent the employee in a claim; (3) Instituted or caused to be instituted in good faith a proceeding under [the Texas Workers' Compensation Act]; or (4) Testified or is about to testify in a proceeding under [the Texas Workers' Compensation Act]."
Employer retaliation for filing a workers' compensation claim can take the form of being threatened to be terminated, or actually being terminated. Lay offs, demotions, transfers and pay cuts can all be used as a means for an employer to retaliate against an employee who files a workers' compensation claim. These practices are all illegal, and if it can be proven that the retaliation was intentional, you may have legal recourse against your employer. You may be entitled to compensation for any adverse effects you suffered as a result of the retaliation, such as return of your former positions, repayment of lost wages, compensation for any stress or mental anguish suffered due to the situation and even possible punitive damages. To determine how the Malaise Law Firm can help you with a case of employer retaliation, contact one of our workers' compensation attorneys
Handling Employer Retaliation
When someone is injured at work, they normally expect the system to work as intended. Most individuals feel they should be able to safely file a claim and obtain medical and income benefits as mandated by Texas law. When the system does not work as expected, an injured worker can suddenly be embroiled in a very stressful situation, fearing for their livelihood as well as their health. At the Malaise Law Firm, we understand this can be a very stressful situation and are available to handle the difficult aspects of documenting your claim and any actions your employer took that may have been retaliation. Our firm will work hard and fight for your right to fair compensation so you receive the benefits you are entitled to.
Contact our office today if you have been the victim of an employer's retaliation due to filing a workers' comp claim.