Suffering an injury on the job is stressful enough without having to worry about whether reporting the injury could cost you your position. Unfortunately, that fear keeps many Texas workers from speaking up after a workplace accident. Some employers take advantage of that silence, while others go a step further and retaliate against employees who do come forward.
The good news is that Texas law offers real protections in this area, despite the state’s generally employer-friendly reputation. An attorney can walk you through the specifics of your situation, but here’s what you should know in the meantime.
How At-Will Employment Factors Into the Equation
Texas is what’s known as an at-will employment state. In practical terms, that means your employer can let you go at any time for nearly any reason, and you’re free to leave on the same terms. There’s no requirement for advance notice on either side.
However, keep in mind that this has limits; retaliating against a worker for reporting a job injury or pursuing workers’ compensation benefits may constitute an exception to the at-will system. Broad as it may be, the at-will framework does not give employers free rein to punish workers for exercising their legal rights.
Protections Under the Texas Labor Code
Section 451.001 of the Texas Labor Code is the statute that most directly applies here. Under this law, an employer is prohibited from firing or discriminating against a worker for taking steps related to a workers’ compensation claim.
Those protected steps include:
- Filing a workers’ compensation claim in good faith
- Hiring an attorney to help with the claim
- Initiating any type of workers’ compensation proceeding
- Testifying or preparing to testify in a workers’ compensation matter
Federal protections exist as well. Section 11(c) of the Occupational Safety and Health Act prohibits employers from retaliating against workers who report injuries or unsafe conditions to OSHA.
When Can an Employer Legally Terminate an Injured Worker?
It’s important to understand that being injured on the job doesn’t make you immune from termination altogether; your employer can still let you go for reasons that have nothing to do with your injury and your claim. Legitimate grounds might include something like documented performance issues that existed before the accident or misconduct unrelated to the injury.
The critical question in any retaliation case is whether the injury report and workers’ comp claim played a role in the employer’s decision. If it did, the termination may be unlawful regardless of whatever other justifications the employer puts forward.
Red Flags That May Point to Retaliation
Most employers won’t come right out and admit they’re firing someone over a workplace injury report, whether or not the incident in question resulted in a disability. A few warning signs to watch for include:
- Negative performance reviews that appear out of nowhere shortly after you report an injury
- A sudden reassignment to less favorable duties
- Reduction in hours following a workers’ comp filing
- Termination that happens suspiciously close to your claim or your return from medical leave
If you notice any of these patterns, start documenting everything you can by saving emails, holding on to text messages, and writing down dates and details while they’re still fresh. That kind of evidence can be critical later on.
Contact a Houston Personal Injury Lawyer at the De La Garza Law Group for Help
If you were injured in a workplace accident and believe your employer retaliated against you after reporting the incident, it is important to understand your legal rights. An attorney can evaluate the circumstances surrounding your injury and any adverse employment actions that followed.
For more information, please contact our personal injury lawyers at The de la Garza Law Group for a free consultation. Give us a call at (713) 784-1010, or visit our convenient location:
The de la Garza Law Group
1616 S Voss Rd Suite 870, Houston, TX 77057
(713) 784-1010
24/7
