Wrongful Termination after Workers’ Comp Injury

August 9, 2016 1:20 pm Published by 1 Comment

Know your Rights under the Texas Worker’s Compensation Act

Have you been terminated after being injured on the job? Wrongful termination is illegal under the Texas Workers’ Compensation Act. Call the Texas Workers Compensation Attorneys at Abbott & Associates today to hear how we will help you get your life back on track, for free.

Employers are usually not very happy when an employee is injured on the job. Good employees are often looked down upon and treated badly after an injury. Some employers tend to believe that injured workers are hurt off the job, are faking, or exaggerate their injuries. Employers fire employees who have been injured at work, even if it was not the employee’s fault. This type of employer conduct is outrageous and unlawful. Section 451.001 of the Workers’ Compensation Act provides that it is unlawful to discriminate or wrongfully discharge an employee who is covered under the this legislation.

If you’ve been terminated, you may be entitled to reinstatement, money damages and an injunction against the employer. Contact us or call us today at 1-888-434-COMP if you believe you’ve been wrongfully terminated.

We fully understand the Texas Workers’ Comp Act and will put our knowledge to work for you. Located in Houston, Abbott & Associates is the leading Workers’ Compensation Law Firm in Texas. We offer Free personal, confidential information via online chat, video chat, email and by our international toll-free telephone number 1-888-434-COMP. E-communicate or speak directly to one of our Houston Workers’ Comp lawyers at no cost to you. The initial consultation is free. Remember, the more information you get, the better choices you will make. We are ready to help you today. Our Houston Workers’ Compensation attorneys are standing by.

Texas Workers Comp Act

Below is the text from the law that prohibits wrongful termination following an injury on the job. For more information on this law, feel free to call us and talk to an attorney. The call is free and there is no obligation.

SUBTITLE B. DISCRIMINATION ISSUES

CHAPTER 451
DISCRIMINATION PROHIBITED

Sec. 451.001. DISCRIMINATION AGAINST EMPLOYEES PROHIBITED.
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 Texas Workers’ Compensation lawyer to represent the employee in a claim;

(3) instituted or caused to be instituted in good faith a proceeding under Subtitle A; or

(4) testified or is about to testify in a proceeding under Subtitle A. (V.A.C.S. Art. 8307c, Sec. 1.)

Sec. 451.002. REMEDIES; BURDEN OF PROOF.

(a) A person who violates Section 451.001 is liable for reasonable damages incurred by the employee as a result of the violation.

(b) An employee discharged in violation of Section 451.001 is entitled to reinstatement in the former position of employment.

(c) The burden of proof in a proceeding under this section is on the employee. (V.A.C.S. Art. 8307c, Sec. 2.)

Sec. 451.003. INJUNCTION.
A district court may restrain, for cause shown, a violation of Section 451.001. (V.A.C.S. Art. 8307c, Sec. 3.)

Case Evaluation Questionnaire

If you feel that you were wrongfully fired and would like our seasoned Texas Workers’ Compensation attorneys to evaluate your case, we will be glad to do so without cost or obligation to you in any way. Remember, all of your personal information will be kept in the strictest confidence.

1 Comment

  • Dan Cantu says:

    Fired after on job injury, still receiving comp pay, and doctor care costs. But sent back to work light duty, then fired because too slow on computer work.

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