Employer Retaliation Workers' Comp Lawyer
Effects of Employer Retaliation in Workers' Comp
There are employee throughout Dallas who may be afraid or hesitant to file a workers' compensation claim due to fear of employer retaliation. Especially for lower income or unskilled workers, fear of losing their job if they report a work related injury keep them from seeking the benefits they deserve. However, it is clearly states in Texas statutes as quoted below that any retaliation against a worker due to filing a claim is in violation of Section 451.001 of the Texas Labor Code, which 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]."
Retaliation can take many forms, some of them quite covert, such as snide and threatening remarks, poor job appraisals, loss of certain work benefits and ridicule in front of coworkers. Others are very overt, and can include termination, lay off, pay cuts, transfers, and demotions. If any of these actions can be proven to be retaliation on the part of your employer for having filed a workers' compensation claim, you are entitled to file a legal action against your employer and pursue reinstatement of your former position, compensation for any stress or mental anguish caused, monetary compensation for loss of wage as well as punitive damages. Texas law takes employer retaliation very seriously, and injured workers have been known to obtain large settlements when it can be proven that this occurred. To get the facts surrounding your case, contact a qualified workers' compensation attorney in Dallas to discuss your circumstances.
Contact the Malaise Law Firm, Workers Comp Attorneys
Being injured at work is stressful enough without having to deal with the possibility of retaliation by your employer. With over 40 years combined experience in the Dallas area, our knowledgeable workers' compensation lawyers know what needs to be done to successfully pursue your claim and ensure no employer retaliation occurs. Our legal team will work hard to obtain justice for you if you have been a victim of employer retaliation, including presenting your case at trial if necessary. Call us today to find out how we can help you.
If you have been the victim of employer retaliation for filing a workers' comp claim, contact a workers' comp attorney from the Malaise Law Firm to discuss your legal options.