Imagine dealing with pain, medical appointments and the stress of recovery after a workplace accident, only for your employer to make things worse by punishing you for filing a workers’ compensation claim.
For instance, you could be fired or demoted shortly after filing a claim. Your employer could also be more subtle by assigning you fewer hours, giving you unfair performance reviews or excluding you from workplace opportunities in retaliation.
Why does it happen?
Workers’ compensation retaliation occurs due to various reasons. Some employers may try to avoid higher insurance premiums, reduce costs associated with claims or discourage other employees from filing. Others wrongly believe the injured worker is exaggerating or blame them for the incident.
Either way, it is illegal. Claiming workers’ compensation benefits is exercising your rights as an employee in Texas, and you should not be punished for it. Under the law, you can recover from injuries sustained in the line of duty without fear of reprisal or losing your job.
How to prove retaliation
Proving workers’ compensation retaliation requires showing a connection between your workers’ comp claim and your employer’s actions. As such, you need to start gathering evidence to help your case if you suspect retaliation.
Keep detailed records of the timing and nature of any adverse actions taken against you. Also, maintain copies of performance reviews or other related communication.
What are your options?
Holding your employer accountable for violating your rights may involve filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC). You can even take legal action against them.
Reaching out for qualified guidance can help you understand the steps to ensure your case is properly addressed while safeguarding your rights and interests.