Many people worry that pursuing benefits could cost them their jobs, making an already stressful situation even worse.
If you've suffered a workplace injury, you shouldn't have to choose between your health and your livelihood. Knowing what the law says about retaliation can help you make informed decisions about your claim.
Filing for workers' compensation should be a straightforward process, but some employers may attempt to discourage employees from pursuing benefits. Fear of retaliation often prevents workers from reporting injuries, leaving them to deal with mounting medical bills and lost wages alone.
However, laws are in place to safeguard workers and prevent employers from taking unlawful actions. Understanding these legal protections can provide injured employees with the confidence they need to seek the compensation they need.
Additionally, workers may not always be aware of the full scope of their rights, leading to hesitation when deciding whether to file a claim. Employment laws can be intricate, and knowing how they intersect with workers' compensation claims can be crucial in protecting one's job.
By staying informed and seeking legal guidance when necessary, employees can move forward with their claims without undue fear or hesitation. At Harrell & Paulson in Kaufman, Texas, we help injured workers understand their rights when filing for workers' compensation.
Employment Protections for Injured Workers
Workers' compensation laws exist to protect employees who suffer injuries on the job. These laws provide benefits like medical coverage and wage replacement, helping workers recover without financial devastation. Most states, including Texas, prohibit employers from retaliating against employees who file claims.
While Texas follows an at-will employment doctrine, meaning employers can terminate workers for nearly any reason, there are exceptions. Retaliation for filing a workers' compensation claim is illegal. If an employer fires someone shortly after they file a claim, it may be considered wrongful termination.
Recognizing Workplace Retaliation
Not all retaliation is obvious. Employers may try to disguise unlawful terminations as routine layoffs or performance-based dismissals. If you've filed a claim and noticed changes in how you're treated at work, you may be experiencing retaliation.
Some common signs of retaliation include:
Unjustified termination: Getting fired without a valid reason after filing a claim
Demotion or loss of hours: Being moved to a lower position or having hours cut
Hostile work environment: Facing increased scrutiny, harassment, or exclusion
Negative performance reviews: Suddenly receiving poor evaluations despite past positive feedback
Unreasonable changes in duties: Being reassigned to tasks meant to make your job unbearable
If any of these situations sound familiar, speaking with a lawyer can help determine whether your employer is acting unlawfully.
What Employers Can and Can’t Do
Employers have the right to manage their workforce, but they can’t punish employees for asserting their legal rights. If your termination is due to legitimate reasons—such as layoffs, business closures, or documented poor performance—your employer may not be violating the law. However, if they fire you as a direct response to your claim, they could be held accountable.
Employers can’t:
Fire or threaten to fire someone for filing a workers' compensation claim
Pressure employees to withdraw a claim
Make false accusations to justify termination
Create a hostile environment to force an employee to quit
They can:
Take disciplinary action for unrelated performance issues
Enforce company policies equally among employees
Restructure staff due to legitimate business needs
Proving Retaliation in a Wrongful Termination Case
If you believe you've been fired in retaliation, proving your case requires evidence. Employers rarely admit to firing someone because of a claim, so gathering documentation is critical.
Key evidence to support your claim includes:
Employment records: Performance reviews, attendance logs, and disciplinary actions before and after the claim
Timing of termination: If the firing happened soon after the claim was filed, it may indicate retaliation
Witness statements: Testimonies from coworkers who noticed unfair treatment
Company policies: Employee handbooks or contracts outlining procedures
A wrongful termination case can be challenging, but the right legal strategy can make a difference in holding an employer accountable.
What to Do If You're Fired After Filing a Claim
Losing a job after an injury can be overwhelming. If you believe retaliation played a role, taking action quickly can help protect your rights.
Steps to take include:
Document everything: Keep a record of events, including emails, write-ups, and conversations.
File a complaint: You may need to report the retaliation to the Texas Workforce Commission or the Equal Employment Opportunity Commission.
Speak with a lawyer: A legal professional can assess your case and discuss your options for moving forward.
Explore legal remedies: You may be entitled to reinstatement, back pay, or other compensation.
Taking action sooner rather than later can improve your chances of a successful resolution.
Filing a Workers' Compensation Claim the Right Way
Even though it's illegal for employers to retaliate, filing a claim correctly can help protect you from unnecessary scrutiny.
Some best practices for filing a claim include:
Report the injury immediately: Delays in reporting can raise doubts about the claim’s legitimacy.
Follow medical recommendations: Keeping up with doctor’s appointments shows a commitment to recovery.
Keep communication professional: Avoid discussing the claim with coworkers or on social media.
Consult a lawyer early: Having legal guidance from the beginning can prevent common pitfalls.
Filing a workers' compensation claim shouldn’t jeopardize your career, and handling it properly can help you avoid complications.
Can You Still Get Benefits if You’re Fired?
Many injured workers worry that losing their job will affect their benefits. The good news is that firing someone doesn’t cancel their workers' compensation claim.
Even if you're no longer employed, you may still receive:
Medical benefits: Coverage for treatments related to the workplace injury
Disability benefits: Wage replacement if the injury prevents you from working
Vocational rehabilitation: Training or job placement assistance if you can't return to your previous role
Your employer may argue that your termination was unrelated to the claim, but a lawyer can help defend your rights.
Protecting Your Job While Receiving Benefits
If you’re still employed but worried about retaliation, there are ways to protect yourself.
Know your rights: Understanding state laws can help you recognize unlawful actions.
Communicate carefully: Keep records of interactions with supervisors regarding your injury.
Stay professional: Avoid unnecessary conflicts that could give an employer a reason to discipline you.
Follow company policies: Complying with workplace rules can prevent retaliatory accusations.
Being proactive can help you maintain job security while receiving the benefits you need to recover.
Additional Legal Protections for Injured Workers
Certain federal and state laws provide further protection against retaliation. The Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) offer additional safeguards for injured workers.
ADA Protections: If an injury results in a long-term disability, employers may be required to provide reasonable accommodations rather than terminate employment.
FMLA Protections: Employees who qualify for FMLA can take up to 12 weeks of unpaid leave for medical reasons without fear of losing their jobs.
Knowing how these laws apply to your situation can help you assert your rights more effectively.
Reach Out to a Lawyer Today
If you believe you were fired for filing a workers' compensation claim, our firm is here to help. Harrell & Paulson provides straightforward legal guidance to injured workers in Kaufman, Texas, including Forney, Terrell, and Rockwall.
We know how challenging these situations can be, and we're ready to fight for your rights. Contact us today to discuss your case and take the next steps toward justice.
