The workers’ compensation system can be complicated and it’s important that you get your claim started as soon as possible after being injured at work or if you have become ill due to a work-related activity. After receiving the medical attention needed, your very next step should be to contact a knowledgeable workers’ compensation attorney to rapidly get the process started on your behalf.
Can I be Fired for Filing a Workers' Compensation Claim?
Yes and no. Texas is an at-will state, which means that employers can hire and fire whoever they want to. However, if you are terminated for filing a workers' compensation claim, or for hiring a workers’ compensation attorney, you may have a separate cause of action against your employer for wrongful termination under Section 451 of the Texas Labor Code. So, yes, they can fire you. But, if they do, your employer should know that we will be advising you about your rights to sue them directly for damages. Many times, that makes employers more cautious about how they treat their injured employees. Here at Espinoza & Brock, we can help you both with your underlying workers’ compensation claim, as well as a wrongful termination suit that comes as a result of that claim. Schedule a no risk initial consultation with a workers’ comp attorney with us now to go over your case and see what it means to be part of the Espinoza & Brock family.