Workers' Comp Employer Retaliation Attorney

Handling Employer Retaliation in Fort Worth

Filing a workers' compensation claim if you are injured in a work related accident is a right all employees have under Texas law. Any employer who threatens to or retaliates against an employee for filing a claim, or for agreeing to testify in a workers' compensation proceeding, 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]." If you or someone you know has been retaliated against or threatened by an employer, you need to consult with a workers' compensation attorney from the Malaise Law Firm to protect your rights in this matter.

Employers can retaliate against employees in many ways. Some are very obvious, such as firing someone, laying them off, cutting their pay or demoting them. Others can be more subtle but are retaliation just the same, such as failure to promote when it is merited, ridiculing an employee in front of others, supplying less work to be done, and many others. When an employee is subjected to retaliation, they have the right to pursue legal action against their employer. If retaliation can be proven, an employee can be entitled to reinstatement of their former position if fired or demoted, monetary compensation for any lost wages and even compensation for the stress and mental anguish and inconvenience suffered from the retaliation. Punitive damages may also be pursued if the retaliation is strongly evident and malicious.

Contact an Employer Retaliation Lawyer

When you are injured at work, you are already feeling the stress of the injury as well as financial hardship from being unable to work. If you are also subjected to employer retaliation for attempting to obtain benefits that are rightfully yours, the increased stress and emotional toll can be great. Our dedicated workers' compensation lawyers will work hard for you when it comes to defending your rights to benefits. Our experienced staff know workers' compensation law extremely well, and can provide you with the expertise you will need to pursue what you are entitled to, whether through negotiation with your employer and workers' compensation insurance company, or through a trial if necessary. Contact the Malaise Law Firm today to find out how we can help you.