Can My Employer Fire Me for Filing a Dallas Workers’ Compensation Claim?

Not if the claim was filed in good faith. The relevant statute, Texas Labor Code 451.001, protects not only employees who file a workers’ compensation claim, but also employees who hire lawyers to represent them in a claim, and those who testify in a workers’ compensation proceeding.

The relevant law actually states, “A person may not discharge or in any other manner discriminate against an employee [who has filed a claim],” so you are protected not only from wrongful firing, but from a wide range of retaliatory acts, including demotion or reduction in pay or benefits.

It is up to you to prove that you were a victim of discrimination (generally, this will involve showing that you were treated worse than other similarly situated employees). You must also prove that this adverse treatment was caused by your participation in one of the protected activities mentioned above. An experienced Dallas work injury lawyer will be able to tell you the types of evidence you can use to prove this.

If you prevail in a retaliation claim brought under Texas Labor Code 451.001, you may be entitled to reinstatement in your former job, as well as monetary compensation for lost past and future wages and for mental anguish. Punitive damages (damages intended to deter your employer from future misconduct) may also be available.

– Guest Contributor

Written By: Dean Malone

Dean Malone

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.