Texas Worker Compensation Retaliation Lawsuit

Under Texas law, the Texas Labor Code prohibits discrimination against an employee who makes a worker compensation claim.  More specifically, the Texas Labor Code states at Section 451.001 that a person may not discharge or in any manner discriminate against an employee because the employee has filed a workers’ compensation claim in good faith; hired a lawyer to represent the employee in a claim; instituted or caused to be instituted in good faith a proceeding under Subtitle A; or, testified or is about to testify in a proceeding under Subtitle A.  The Texas Labor Code further states that a person who violates this Texas law prohibition against worker compensation discrimination may be liable for reasonable damages incurred by the employee as a result of the violation.  In addition, the Texas employee subjected to worker compensation retaliation may seek reinstatement in their former position of employment. 

Whether retaliation against an employee who makes a claim for workers’ compensation occurs in Beaumont, Galveston, Houston or elsewhere in Texas, retaliation victims may have a claim for damages under the Texas Labor Code and may contact an attorney to determine if a Texas worker compensation retaliation lawsuit is ultimately appropriate under particular facts and circumstances of the potential discrimination claim.