A briefcase icon

free case review

All of our consultations are 100% FREE & confidential.

Can I Be Fired for Filing Workers’ Compensation in Sugarland?

Can you be fired for filing workers compensation in Sugarland TX?

In the event that an injured laborer files for workers’ comp benefits, the injured laborer’s employment situation could have drastic changes. Sure, a boss may not discriminate against an injured employee after they have filed a worker’s compensation report, but the employer can fire the worker on other terms.

In the state of Texas, it is considered an at will employment state, this entails the fact that a manager may fire an employee for any reason at all, as long as, the reason isn’t related to one that is protected by the law. This also means that an employee may quit their job for any reason in an at will employment situation. In some cases, an employee is protected from termination by law. According to the Civil Rights Act of 1964, employees are protected from being discriminated against, or terminated from their job, on the bases of race, religion, skin color, sex, or national origin. Also, an injured worker cannot be terminated on the grounds of filing a worker’s compensation claim, according to the Texas Worker’s Compensation Act Section 451.001.

Of course, this doesn’t mean that injured workers who have filed a claim have immunity from being fired. There are multiple reasons why an injured employee may be fired. For Instance:

  • If the injured worker’s job is crucial to business operations, the employer may have to fire the injured worker and replace them
  • If the company is going through problems and could be in danger of losing money, the employer may lay off the injured worker
  • In the case that an injured worker has no capabilities of performing their job because of their injury, then the boss may be justified in terminating the injured worker
  • On the other hand, if the employer has fired the employee simply because the employee foiled a worker’s compensation claim, there could be a wrongful termination lawsuit against the employer.
  • If there are any kinds of stray comments made by the employer, or by anyone authorized to hire and fire employees, in regards to the individual for filling worker’s comp, could be used as good evidence the “real” reason behind terminating the injured worker, was only because he had filed worker’s comp, and thus making the termination retaliatory in nature.

If you are an injured worker and you believe that your employer terminated you because you filed a worker’s compensation claim, you should contact an experienced Texas worker’s compensation lawyer now.

Workers’ Compensation Statute of Limitations in Sugarland

Proudly serving in: Houston | Harris | Pasadena | Fort Bend | Sugarland

get started on your claim

let our Houston law firm injury lawyers focus on fighting insurance company so that you can focus on getting better.