Employer Retaliation


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According to Texas Workers’ Compensation Laws, employer retaliation after an employee files a claim, hires an attorney or testifies in a workers’ compensation case is illegal. The law states that an employer may not discharge or discriminate against an employee who has:

  • Filed a workers’ compensation claim in good faith
  • Hired a lawyer to represent them in a workers’ compensation claim
  • Instituted a lawsuit in good faith due to a workplace injury
  • Testified or is about to testify in a workers’ compensation proceeding

In other words, firing, demoting or discriminating against an employee for filing workers’ compensation claims is against the law, yet employers do it every day. Employers who engage in employer retaliation could be liable for any damages the employee suffers due to the retaliation. This means that if an employee loses their home, is unable to pay their rent or loses a vehicle due to the employer’s actions, they may have an employer retaliation case.

Because the burden of proof in an employer retaliation case is on the employee, it is critical to hire a knowledgeable attorney who can prove that you lost your job due to your filing of a workers’ compensation claim. Even if your employer does not have workers’ compensation insurance, something known as a non-subscriber, Carse Law firm can help you with your employer retaliation case. Whether you are in the early stages of filing for workers’ compensation, or your employer has violated the Texas 451 Labor Code, Carse Law firm is there to help. We aggressively fight for the rights of those living in the Dallas, Grand Prairie, Arlington, Garland and Mesquite regions who are suffering after filing a workers’ compensation claim.

If you or a loved one was fired or has suffered discrimination after filing for workers’ compensation, contact Carse Law firm online or by phone at 877-865-2580 (972-CALL-TOM) today for a free, confidential consultation. If we take your case, you pay nothing unless we win.