It is illegal to punish workers for making workers' compensation claims. If you are being punished because of filing a job injury claim, or dissuaded from filing a claim, call our Dallas injury lawyers at 972-230-6200. We can help you pursue the benefits you are owed.
You Have a Right to File for Workers' Compensation
Sometimes, employers punish employees for filing workers' compensation claims when the employees are injured on the job in a work accident. They will say ugly things, give the employee bad assignments or cut the employee's hours, even fire the employee. If your employer provides the insurance, you have a right to file for workers' compensation benefits following any kind of job injury, such as:
- Back injury at work
- Traumatic brain injury
- Construction accident injuries
- Injuries caused by dangerous tools
Our Dallas work injury lawyers have seen cases where excellent employees got seriously hurt in work accidents, and then the employer went out of their way to make the employee quit - giving him bad assignments, constantly "writing him up" for minor infractions that are ignored when other employees do the same thing, cutting back hours or making it impossible for a salesman to sell his quota.
Getting the Injury Compensation You Deserve
Punishing an employee for filing a workers' compensation claim is illegal in Texas. The Texas Labor Code has a specific provision granting employees a right to sue employers who "retaliate" against them for even participating in a workers' compensation claim. This means that not only the injured employee, but also people who witnessed or reported the accident, and any employee who assists the injured employee in making a workers' compensation claim, are protected from "retaliation" by the employer. Employees who are punished for making a workers' compensation claim or reporting a job-related personal injury are entitled to damages including any lost wages or income, mental anguish damages and even punitive damages against the employer.
Unfortunately, this type of lawsuit is not available to employees who have been punished for making a workplace injury claim when the employer does not have actual workers' compensation insurance coverage but rather has some other job safety insurance program in effect.
One of the things that a competent work injury lawyer can do for you is to determine whether you have a valid "retaliation" claim.
If you need help with employer retaliation after trying to file a workers' compensation claim, please contact Polewski & Associates by calling 972-230-6200 for a free case evaluation with an experienced Dallas work injury lawyer.