Retaliation for Filing a Workers' Compensation ClaimWorkers' Comp Retaliation Lawyer in El Paso

Name: Workers' Comp Retaliation Claims
Brand: Espinoza & Brock
Rating: 4.1 (112 reviews)

Texas Labor Code Section 451 safeguards employees from discrimination or retaliation when they file a workers’ compensation claim in good faith. Once you inform your supervisor about an injury sustained on the job, the law prohibits your employer from retaliating against you. If you were employed by a company that subscribes to workers' compensation insurance and were terminated after seeking benefits or hiring legal representation, you may have grounds for legal action under this provision. Our experienced workers' compensation retaliation attorneys in El Paso are here to help with your workers' compensation retaliation case.

Understanding Texas Labor Code Section 451: Workers’ Compensation Retaliation Claims

It is unlawful for an employer to retaliate against an employee for pursuing workers’ compensation benefits. Under Texas Labor Code § 451.001, employers cannot terminate or discriminate against an employee for the following:

Filing a workers’ compensation claim in good faith
Hiring an attorney to assist with the claim
Initiating or contributing to the initiation of a workers’ compensation claim in good faith
Testifying or preparing to testify in a workers’ compensation case

The staff at Espinoza Brock working on a case.

Determining the Validity of a Workers’ Compensation Retaliation Claim

As an “at-will” employment state, Texas allows both employers and employees to terminate employment for most reasons, as long as they are not unlawful. This means you can leave a job or be dismissed without a specific reason in most cases. However, firing someone for filing a workers' compensation claim or hiring an attorney for such a case is illegal under Texas Labor Code Section 451. If you believe your employer retaliated against you for seeking workers’ compensation, our knowledgeable attorneys in El Paso are ready to advocate for your rights as an injured worker.

Proving Retaliation in Workers’ Compensation Cases

To establish that retaliation occurred, employees must demonstrate that their workers’ compensation claim was a key factor in their termination. It is not necessary to prove that filing the claim was the sole reason for dismissal, but employees must show that their termination would not have happened when it did “but for” the claim. Circumstantial evidence often plays a crucial role in proving this causal link.

Our firm is committed to defending workers' rights in retaliation cases throughout Texas. With offices in San Antonio and El Paso, we have successfully handled these cases in both arbitration and court, ensuring that our clients receive the representation they deserve.

About Espinoza & Brock:Advocates for Workers

Founded by Javier Espinoza, a first-generation American and former construction worker, Espinoza & Brock is dedicated to protecting the rights of employees, regardless of their legal status. Javier’s personal journey from a construction worker to the first in his family to graduate from high school and college reflects the commitment shared by every team member to make a difference in workers’ lives.

With offices in San Antonio and El Paso, our firm handles all aspects of workers’ compensation cases. If you or a loved one has experienced retaliation after filing a workers’ compensation claim, reach out to us to discuss your rights with a dedicated attorney.

Schedule Your Free Consultation Today

If you suspect your employer retaliated against you for pursuing workers’ compensation benefits, our workers' compensation retaliation attorneys in El Paso are here to help. Contact us by phone or fill out our online form to schedule a free consultation. We’ll review your case and determine if your rights were violated, ensuring you receive the representation you need.