Suffering an injury at your job is stressful enough without worrying about losing your livelihood for seeking the compensation you deserve. If you work for a non-subscriber employer in Texas, you may wonder if your employer can fire you for filing a work injury claim. The short answer is no. Work injury retaliation is wrongful termination, and the law is on your side.
Dallas-Fort Worth work injury attorney Warren Armstrong understands the challenges employees face when standing up for their rights and is committed to helping Texans fight back against wrongful termination and work injury retaliation.
Texas Law Prohibits Wrongful Termination for Filing Work Injury Claims
First, it's crucial to understand that Texas employers cannot legally fire you simply for filing a work injury claim. This means your boss can't fire you, demote you, cut your hours, or take other adverse actions solely because you reported a work injury or requested benefits.
Of course, wrongful termination cases can be complex. Employers may try to justify firing you by citing other reasons, such as poor performance or misconduct. However, if you show that your work injury claim was a motivating factor in your termination, you likely have grounds for a retaliation lawsuit.
Non-Subscriber Employers Face Harsh Penalties for Retaliation
When a non-subscriber company fires a worker for filing an injury claim, it opens itself up to a potentially costly wrongful termination lawsuit in addition to the underlying non-subscriber claim.
In these cases, the fired employee can seek a wide range of damages, including:
- Lost wages and benefits. This includes the income and benefits you lost as a direct result of your wrongful termination, such as your salary, bonuses, commissions, health insurance, retirement contributions, and paid time off. An experienced work injury attorney can help you calculate the full extent of your lost wages and benefits.
- Lost future earning capacity. If your wrongful termination negatively impacts your ability to earn a similar income in the future, you may be entitled to compensation for your diminished earning potential. This could be due to damage to your professional reputation, missed opportunities for advancement, or the need to start over in a new career field.
- Emotional distress. Being fired in retaliation for filing a work injury claim can significantly affect your mental and emotional well-being. You may experience anxiety, depression, humiliation, or other forms of emotional distress. In some cases, you can seek damages for the psychological impact of your employer's illegal actions.
- Punitive damages to punish especially egregious behavior. In particularly severe cases of retaliation or wrongful termination, a court may award punitive damages to punish the employer and deter similar misconduct. These damages go beyond compensating the worker for their losses and are designed to send a strong message that such behavior will not be tolerated.
A skilled work injury attorney can help you hold your employer accountable for wrongful termination and fight for the maximum compensation you deserve.
Reporting Your Injury Is the First Step in Protecting Your Rights
If you've been hurt at work, the most important thing you can do is report your injury to your supervisor as soon as possible. This creates a clear record that you suffered a work-related injury and initiated the claim process.
Be sure to:
- Notify your supervisor in writing
- Keep a copy of your injury report for your own records
- Follow up on your claim if you don't hear back promptly
- Contact an experienced work injury attorney for personalized guidance
Remember, you have limited time to report your injury and file a non-subscriber claim. Waiting too long could jeopardize your right to benefits.
Document Any Retaliatory Actions by Your Employer
In addition to promptly reporting your injury, it's crucial to document any adverse actions your employer takes after you file your claim. Retaliatory behavior might include:
- Verbal or written warnings about your performance
- Negative performance reviews
- Demotion or job reassignment
- Reduction in hours or pay
- Increased scrutiny or harassment by supervisors
- Termination
Keep detailed records of any incidents, including dates, times, and the names of involved parties. Save copies of relevant emails, memos, or disciplinary notices and share this evidence with your work injury attorney.
