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Texas Labor Code Section 451 – Workers’ Compensation Retaliation Claims

It is illegal for an employer to fire a worker for seeking fair workers’ compensation. Texas Labor Code § 451.001 states that an employer may not discharge or in any other manner discriminate against an employee because the employee has:

  1. Filed a workers’ compensation claim in good faith 
  2. Hired a lawyer to represent the employee in a claim
  3. Instituted or caused to be instituted in good faith a claim for workers’ compensation benefits  
  4. Testified or is about to testify in a proceeding for workers’ compensation benefits. 
The staff at Espinoza Brock working on a case.

Do You Have a Valid Workers’ Compensation Retaliation Claim in San Antonio?

Texas is an “at-will” employment state, which means that employers and employees can terminate the employment relationship for nearly any reason or no reason at all as long as the reason is not “illegal.”  Under most circumstances, you can quit your job at any time for any reason without fear of legal consequences.  Likewise, your employer can fire you for nearly any reason without fear of legal consequences.  One of the illegal reasons that our office deals with regularly is violations of Texas Labor Code section 451, which protects against workers’ compensation retaliation. It is illegal for an employer to discriminate against an employee for filing a workers’ compensation claim, reporting their workers’ compensation injury, or hiring a workers’ compensation attorney.  If your employer retaliated against you, you need a workers’ compensation retaliation lawyer in San Antonio to protect your rights as an injured worker.

The Key to Proving Retaliation

Several factors have been recognized as sufficient circumstantial evidence to establish a causal link between filing a compensation claim and the subsequent termination of employment.  At trial, the employee must prove that “but for” the filing of the workers’ compensation claim, the termination would not have occurred at the time it did.  The employee does not need to prove that the work injury or the filing of a workers’ compensation claim was the sole cause of their termination.  Rather, they must show that, “but for” the filing of the claim, the discharge would not have occurred when it did.

Our Firm has devoted many resources to handling workers’ compensation retaliation claims across the state of Texas from our San Antonio office. We have successfully pursued these cases in private arbitration and in court trials.  We don’t back down when it comes to protecting your rights.

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Espinoza & BrockWe Put Protecting Workers' Rights in San Antonio First

Javier Espinoza, a first-generation American immigrant, founded Espinoza & Brock.  His father worked in construction to support his family, and later, Javier followed suit, also becoming the first in his family to graduate from high school and college.  Like Javier, every member of our team is passionate about protecting workers—regardless of legal status—and helping bring about changes in policies. We are one of the few firms in the state that handle all aspects of workers’ comp cases. Our clients are our family, so if you or a loved one has been fired shortly after filing for benefits after a workplace injury, call us to speak with a workers’ compensation retaliation lawyer in San Antonio about your rights.

FAQs

Can my employer legally fire me after I file a workers' compensation claim?

What does "at-will employment" mean for my retaliation case?

How do I prove my employer fired me because of my workers' comp claim?

What if my employer claims I was fired for a different reason?

Can I file a retaliation claim if I was only demoted or had my hours cut, and not outright fired?

Does it matter if my employer's workers' compensation insurance company denied my claim?

Do I need a lawyer to pursue a workers' comp retaliation claim?

What can I recover if my retaliation claim is successful?

Can my employer legally fire me after I file a workers' compensation claim?

No, provided your employer subscribes to workers' compensation insurance. Texas Labor Code § 451.001 makes it illegal for a subscribing employer to discharge or discriminate against an employee for filing a workers' compensation claim in good faith, hiring an attorney, or testifying in a workers' compensation proceeding. If you were fired after reporting a workplace injury or pursuing benefits, you may have a retaliation claim.

What does "at-will employment" mean for my retaliation case?

Texas is an at-will employment state, which means employers can generally fire workers for almost any reason. But there are exceptions. Retaliating against an employee for exercising their right to workers' compensation benefits is one of those illegal exceptions. At-will status does not protect employers who fire workers for protected activity.

How do I prove my employer fired me because of my workers' comp claim?

You do not have to prove your claim was the only reason you were fired. Under Texas law, you must show that "but for" the filing of your claim, you would not have been terminated when you were. Timing, supervisor statements, inconsistent reasons for termination, and deviation from the company's normal disciplinary process can all serve as circumstantial evidence.

What if my employer claims I was fired for a different reason?

Employers routinely create after-the-fact justifications for terminating injured workers. We investigate those stated reasons and look for inconsistencies, documentation gaps, and patterns of behavior that reveal the real motive. If the timeline does not add up, we will find out.

Can I file a retaliation claim if I was only demoted or had my hours cut, and not outright fired?

Yes. The law covers any form of discrimination, not just termination. Demotions, reductions in pay or hours, shift changes, and hostile treatment after filing a claim can all qualify as retaliation under Texas Labor Code § 451.001.

Does it matter if my employer's workers' compensation insurance company denied my claim?

No. Your right to file a claim in good faith, and your protection from retaliation for doing so, exists regardless of whether the claim was ultimately approved or denied. The act of reporting your injury and pursuing benefits is what the law protects.

Do I need a lawyer to pursue a workers' comp retaliation claim?

You are not required to have one, but these cases are difficult. Employers are represented by experienced defense attorneys from day one. Having a workers' comp retaliation lawyer levels the playing field and gives you someone who understands exactly what evidence is needed and how to present it.

What can I recover if my retaliation claim is successful?

Depending on your case, you may be entitled to back pay for lost wages, reinstatement to your position, compensatory damages, and in cases where the employer acted with malice, punitive damages. Espinoza & Brock has obtained verdicts in excess of $500,000 for retaliation claims where our clients' lost wages were minimal.

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