Texas law protects Texas workers who have filed or tried to file a workers’ compensation claim from retaliation by employers. 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 workers’ compensation 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].”

An employee who can prove that he/she has been discriminated against for his/her involvement in a workers’ compensation claim may be entitled to (1) reinstatement in their former position; (2) monetary damages for lost wages, past and future; (3) monetary damages for mental anguish, inconvenience, etc.; (4) punitive damages; and (5) injunctive relief.

Years of Experience

Mr. McKinney has been has been practicing employment law since 1996, is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, and represents employees who have been the victims of workers compensation retaliation.  If you need to speak with an attorney, contact us immediately.