It Is Illegal For A Company To Retaliate After You File A Texas Workers’ Comp Claim

Did you know that it is absolutely illegal for your employer to fire you or retaliate against you in any way after you file a workers’ compensation claim in Texas? While some workers may be concerned that filing a workers’ comp claim will lead to mistreatment at their place of employment, they should know that their company is required by law to respond appropriately to your workers’ comp claim.

Here’s a recent example from a workers’ compensation related lawsuit in Sherman, Texas:

According to the Southeastern Texas Record, Eddie Morris Benton was working for Activa Products, Inc., in the spring of 2009 when he suffered an on-the-job accident and serious injury. The work accident resulted in the amputation of several of his fingers on his left hand, making the man unable to work for several months.

After he was able to return to work, he notified the president of his company and provided the proper documentation regarding his return to his job. However, the company did not contact him to return to work. When Benton applied for unemployment, the company claimed that the man had quit.

Now, Benton is suing Activa Products for retaliation after a workers’ compensation claim – a violation of his civil rights and his rights under the Americans With Disabilities Act. He is suing for lost wages, back wages, loss of earning capacity, emotional distress, pain and suffering, and a number of other related damages.

It is illegal under state and federal law to treat a worker unfairly after a work-related accident or to threaten or retaliate against a worker who has filed a workers’ comp claim. If your workplace has treated you unfairly, threatened you, urged you not to file a claim, intimidated you, or acted against you in any way after a claim, you should speak with a Texas worker injury attorney immediately. Call us today to discuss your case.