Texas Law Protecting Workers Who File for Workers’ Compensation or Testify in Workers’ Compensation Proceedings

Texas law provides protection for Texas workers filing for workers’ compensation and those testifying in workers’ compensation proceedings from retaliation by employers. Specifically, Section 451.001 of the Texas Labor Code provides that “A person may not discharge or in any other manner discriminate against an employee because the employee has:

• filed a workers’ compensation claim in good faith;
• hired a workers’ compensation lawyer to represent the employee in a claim;
• instituted or caused to be instituted in good faith a proceeding under [the Texas Workers' Compensation Act]; or
• testified or is about to testify in a proceeding under [the Texas Workers' Compensation Act].”

The broad language of this law offers protection for employees for many actions they might take involving filing a workers’ compensation claim, and may include protection for actions taken prior to actually filing a claim. Similarly, the law provides protection against many adverse actions an employer might take in retaliation for an employee’s filing of a workers’ compensation claim.

The Texas anti-retaliation statute involving workers’ compensation is one of the most employee-friendly statutes on the books in an otherwise employer-friendly state. Presumably, the pro-employee nature of the law is due to the fact that workers’ compensation retaliation is reprehensible conduct and in absolute contravention of public policy. An employee who can prove that he/she has been discriminated against for his/her involvement in a workers’ compensation claim may be entitled to (1) reinstatement in their former position; (2) monetary damages for lost wages, past and future; (3) monetary damages for mental anguish, inconvenience, etc.; (4) punitive damages; and (5) injunctive relief.

Texas juries have demonstrated that they will not tolerate workers’ compensation retaliation by employers. Employees bringing suit who have been discriminated against for their involvement with workers’ compensation have secured substantial jury verdicts in their lawsuits. For example, in a workers’ compensation case in El Paso in 2001, a jury returned a verdict for over 30 million dollars. While this verdict is extraordinary, and was subject to caps on damages which would have reduced the overall award, it demonstrates the emotional nature of these cases and their ability to result in high jury awards.

WHAT TO DO IF YOUR EMPLOYER DISCRIMINATES AGAINST YOU FOR YOUR INVOLVEMENT WITH A WORKERS’ COMPENSATION CLAIM

Contact an attorney immediately, and preferably an attorney who routinely represents employees in employment litigation. To preserve your rights under the law for this type of discrimination, you should act quickly, as claims under the Anti-Retaliation statute are subject to a statute of limitations. Lastly, take thorough notes regarding everything discriminatory that is said or done to you and keep all of your records related to your employment. These notes and records may prove invaluable in a later lawsuit.

If you feel you have been discriminated on the basis of pay and wish to speak to a Texas equal pay rights attorney at the Martinez & Martinez Law Firm, please submit a case review form or contact us at Martinez@martinezlawyers.com.