Employer Retaliation After a Work Injury - What San Antonio TX Employees Need to Know

San Antonio boasts the fourth-largest manufacturing market in Texas, employing hundreds of thousands of professionals annually. These workers enjoy higher wages than most in the region, but also face workplace hazards that put them at risk. An injury on the job can result in severe injuries, extended time off work, and financial strain for both the worker and their family. If you were recently involved in a work accident in Central Texas caused by the carelessness of another, contacting a local lawyer to evaluate your legal options is highly advised.

The San Antonio attorneys at Carabin Shaw assist injured workers in filing workers’ compensation claims and protect them from employer retaliation following an accident. If you have experienced a serious injury followed by a demotion, termination, or other adverse changes in your job, please contact our team as soon as possible. We offer free case reviews 24/7 in English or Spanish at 800-862-1260. No money owed unless we win!

Most companies in Texas carry workers’ compensation insurance to compensate employees injured on the job for expenses such as medical bills and lost wages. A worker has a right to file a claim under Texas law. That worker does not expect their employer to retaliate for simply exercising their right to seek fair compensation for their injuries.

Unfortunately, retaliation can occur. Employers may want to avoid insurance premium increases or discourage other employees from filing similar claims. In some cases, employers may wrongly believe the injured worker was at fault or is exaggerating their injuries. Common examples of retaliation our lawyers have seen include:

• Pay or shift reductions
• Lower performance evaluations
• Increase in scrutiny and criticism
• Exclusion from work meetings or activities
• Hostile treatment (physical or verbal abuse)
• Denial of a promotion or demotion
• Termination

These actions are illegal under the Texas Labor Code. If you are experiencing signs of retaliation, a San Antonio work injury attorney can protect your rights and help you seek damages to compensate you for your losses and discourage retaliatory activities in the future. Contact our expert Texas law firm today to learn more.

State and federal laws protect employees injured on the job. In addition to the Texas Labor Code, the Occupational Safety and Health Administration (OSHA) provides injured workers rights, including the right to report hazards and file claims without fear of retaliation.

The U.S. Department of Labor also protects employees by prohibiting harassment, intimidation, retaliation, or other adverse activities when an employee engages in a protected activity. Filing a workers’ compensation claim after an injury constitutes a protected activity under federal law. An employer retaliation lawyer will use state and federal statutes to hold employers liable for retaliatory actions.

To prove a retaliation case, the worker and their attorney must demonstrate that they were engaging in a legally protected activity, such as filing a workers' compensation claim after being injured in the workplace. Next, the employee must prove that the retaliatory action occurred and was directly linked to the protected activity.

Evidence in a retaliation case might include:

• Emails or memos that contain incriminating comments
• Paychecks or stubs showing a reduction in hours or pay
• Statements from coworkers who witnessed the retaliatory actions
• Proof that a poor performance review didn’t match actual performance

Each piece of evidence should include the time, date, and specifics of the incident. This documentation allows you to create a timeline of events that correlates with the date you filed your claim to show a connection between the claim and the retaliatory actions you have experienced. Your work accident attorney in San Antonio TX will use this evidence to build your case and maximize damages.

Employees who have experienced retaliatory actions from their employer may be entitled to damages, such as:

• Additional lost wages
• Emotional distress
• Reputational harm
• Punitive damages

Punitive damages aim to punish the employer for their actions and deter future retaliation, making the workplace safer for all employees.

If you have faced retaliatory action after a workers’ compensation claim, including termination of your employment, call Carabin Shaw’s top Texas lawyers. We offer our services on a contingency-fee basis, so you don’t pay any money upfront for our expertise and guidance. Our client reviews attest to our ability to help workers hold employers responsible for improper conduct. Call us toll-free now at 800-862-1260.

For more information:

• TDI
• Texas Statutes 451
• OSHA
• DOL