Can I be fired for filing a workers’ compensation claim in Texas?

Texas, it is illegal for employers to retaliate against employees for filing a workers’ compensation claim. The Texas Labor Code provides protection to workers who exercise their rights to seek compensation for work-related injuries or illnesses. Under the law, employers are prohibited from terminating, demoting, or taking any adverse action against an employee solely because they filed a workers’ compensation claim.

The Texas Labor Code also includes provisions that allow employees to take legal action against employers who engage in retaliatory behavior. If an employee believes they have been wrongfully terminated or faced adverse actions due to filing a workers’ compensation claim, they can file a complaint with the Texas Department of Insurance, Division of Workers’ Compensation (DWC). The DWC will investigate the claim and take appropriate action if retaliation is found.

It is important to note that while Texas law protects employees from retaliation, it does not guarantee job security. If an employer can demonstrate a legitimate reason for terminating an employee, such as poor performance or violation of company policies, they may still proceed with the termination. However, it is crucial for employers to ensure that their actions are not motivated by the employee’s workers’ compensation claim.

In summary, in Texas, employees cannot be fired solely for filing a workers’ compensation claim. Employers who engage in retaliatory behavior may face legal consequences. However, job security is not guaranteed if there are other legitimate reasons for termination.