Temple Workers’ Compensation Retaliation
What Counts as Retaliation After a Work Injury in Temple, TX?
At Scanes Yelverton Talbert, LLP (SYT), we understand how painful and overwhelming a workplace injury can be. You’re hurt, focused on healing, managing medical bills, and trying to figure out how to keep working, all while juggling the stress that comes with an uncertain future. But when your employer begins cutting your hours, treating you differently, or even threatening your job instead of offering support, it adds another layer of hardship. In many cases, that behavior isn’t just unfair, it’s illegal retaliation and often linked to workers’ compensation claims.
These are not isolated experiences. We regularly assist workers in Temple, Texas, and throughout the state who have faced retaliation after filing a workers' compensation claim or requesting necessary accommodations to recover. In fact, many workplace injuries happen because of employer negligence involving unsafe job sites, poor training, or a lack of proper equipment. When injuries occur, some employers will do whatever they can to avoid responsibility, including punishing the very workers they put at risk. This is illegal behavior, and you don’t have to face it alone. Retaliation is one of the most common (and most damaging) tactics employers use to silence or intimidate injured workers. But you don’t have to accept it, and you definitely don’t have to face it alone.
What Is Workers’ Compensation, and How Is Texas Different?
In most states, employers are required to carry workers’ compensation insurance, which provides coverage to employees who are injured on the job, regardless of who was at fault. This system allows employees to receive medical care and partial wage replacement without having to sue their employer. But Texas is different.
Texas has two kinds of employers:
- Subscribers, which carry workers’ compensation insurance and are protected from most lawsuits.
- Non-subscribers who do not carry workers’ compensation and can be sued directly for workplace injuries.
If your employer is a subscriber to workers’ comp, you may be eligible for:
- Coverage for medical treatment
- Temporary income benefits if you can’t work
- Impairment income benefits for permanent injury
- Death benefits if a loved one was killed on the job
However, even when covered by workers’ comp, employers and their insurance companies often try to downplay injuries, pressure doctors, or push you to return to work early. They may even attempt to discourage you from filing a claim at all. That’s where retaliation often begins.
If your employer is a non-subscriber, you have even broader rights, including the ability to pursue full compensation through a personal injury claim. If that is the case for you, you can learn more about how our team can help here. But in either case, the law is clear: your employer cannot retaliate against you for reporting a workplace injury or filing a claim.
What Is Retaliation After a Workplace Injury?
Retaliation after a workplace injury happens when an employer takes adverse action against an employee for exercising their legal rights, such as reporting an injury, filing a workers’ compensation claim, or requesting medical accommodations. These actions are often subtle at first but can escalate into more serious consequences, including demotion or termination.
While it’s illegal in Texas and under federal law, retaliation remains a common issue for injured workers, especially in physically demanding industries like manufacturing, construction, healthcare, and food service. Employers or supervisors may feel frustrated by the inconvenience of a workers’ comp claim, or they may worry about higher insurance costs or liability. Unfortunately, some try to shift that frustration onto the employee, punishing them for simply asserting their right to a safe and fair workplace.
Sometimes, retaliation can begin as soon as you report your injury or request medical treatment. Your employer may discourage you from going to the doctor, ask you to use your own health insurance, or tell you not to “make a big deal” out of it. If you continue to push for your rights, the tone may change, often becoming colder, more confrontational, or outright hostile. Here in Temple, Texas, we’ve seen these patterns play out across all types of workplaces, from large-scale warehouses to local schools and healthcare clinics. What begins as a supportive environment can quickly shift once a claim is involved.
When you're recovering from a work-related injury, you're already in a vulnerable position. Your income may be reduced or limited, your medical bills are piling up, and you may be facing a long or uncertain healing process. To then be mistreated or punished by your employer adds unnecessary emotional and psychological stress. Retaliation doesn’t just affect your job, but it also affects your mental health, your financial security, and your sense of dignity. You may feel confused, isolated, and unsure of what to do. That’s precisely why the law is designed to protect injured workers and why our firm fights so hard to hold employers accountable when they break those laws.
What Does Retaliation After a Workplace Injury in Temple Look Like?
One of the biggest misconceptions about retaliation is that it only happens if you get fired. But under Texas law, specifically Texas Labor Code § 451.001, retaliation includes any discriminatory or adverse action taken because of your injury or your decision to file a workers’ compensation claim. This can happen weeks or even months after your injury and may appear in less obvious ways. Once you know the patterns, they become easier to recognize.
At SYT, we’ve helped countless clients in Temple, TX, uncover what was really going on beneath the surface. Here’s what workplace retaliation after an injury typically looks like, and why it matters.
1. Your Hours or Pay Are Cut Without Warning
If you used to work full-time but now your schedule has been cut in half, or you’re told things like “business is slow” and “we’re just reorganizing,” and no one else seems to be affected, it may be a sign that you are facing retaliation. This is a common tactic employers use to pressure you out of your job without firing you outright.
A reduction in hours directly impacts your income and can destabilize your life just when you need consistency and support the most, especially if you’re paying for medical care or helping a family. These changes may be framed as “business decisions” or “performance-related,” but if the timing aligns with your injury or your claim, it could be evidence of retaliation. At SYT, we will investigate whether others were affected, gather documentation, and help prove the connection between your injury and the change in treatment.
2. Sudden Write-Ups or Disciplinary Action
If you had no prior issues at work but suddenly start getting written up for minor mistakes, tardiness, or vague “performance issues” after your injury, it may be more than just a coincidence. Employers sometimes use write-ups to build a paper trail to justify future termination, especially after a workers’ comp claim. This kind of disciplinary action can hurt your professional reputation, create anxiety, and make your job more stressful, just when you’re already focused on healing.
Even if the reasons sound legitimate on the surface, when these actions follow closely after an injury or claim, they may be a form of retaliation. At SYT, we’ll evaluate your record before and after the injury, compare it to how others are treated, and gather the evidence needed to hold your employer accountable if they are mistreating you and acting illegally.
3. Job Transfers or Demotions
If you’re suddenly moved to a different department, reassigned to a less desirable shift, or demoted to a position that doesn’t match your qualifications, especially after your injury, this may be an effort to push you out or punish you.
Being reassigned or demoted can negatively impact your income, limit your career growth, or even worsen your condition if the new job is physically demanding. These changes are often presented as necessary business decisions, but the timing and nature of the change tell a different story.
If the job change doesn't align with any clear policy or accommodation, it could be illegal retaliation. We will review the details, speak with witnesses, and assess whether the transfer was used as a tool to discriminate against you after your injury.
4. Being Left Out or Isolated at Work
If you’re suddenly excluded from meetings, left off essential emails, or cut out of conversations you used to be part of, it may be more than bad communication. This kind of professional exclusion is a quiet but harmful way employers retaliate against injured workers.
Being left out can hinder your job performance, impact your career growth, and create a work environment that feels uncomfortable or even hostile. While your employer may claim these changes are unintentional, if they align with your injury or workers' comp filing, they may point to retaliation. At SYT, we help document patterns of exclusion and show how they’re being used to isolate or punish you for exercising your rights.
5. Change in Attitude or Hostile Treatment
If your supervisor or coworkers begin treating you differently after your injury, whether it's by using sarcasm, making dismissive comments, or showing apparent frustration, you may be experiencing a form of retaliation. Remarks like “Must be nice to get time off,” or “You’re lucky we didn’t replace you,” are red flags.
This shift in tone can quickly make your workplace toxic and increase your emotional stress while you're recovering. It may also discourage others from supporting you, leaving you isolated and vulnerable.
Retaliatory hostility doesn’t have to be blatant to be illegal. At SYT, we take these behavioral shifts seriously. We gather witness statements, identify changes in your work environment, and help connect the mistreatment to your injury or claim.
6. Termination After Reporting an Injury
If you’re fired shortly after reporting your injury or filing for workers’ compensation, it may be a direct case of retaliation, and these are often the easiest to recognize. Employers usually attempt to disguise retaliatory terminations with vague explanations, such as downsizing, restructuring, or sudden “performance concerns.”
Losing your job while recovering can be devastating financially, emotionally, and physically. It can interrupt your medical care, cut off income, and cause long-term harm to your career. We know how hard this can be, which is why we take these cases so seriously.
Even if your employer claims your termination was unrelated, the timing and lack of clear justification may tell a different story. At SYT, we will dig into the facts, identify inconsistencies, and pursue a retaliation and wrongful termination claim if appropriate.
If you’ve noticed any of these changes since your injury or feel like something is “off” at work, trust your instincts. Retaliation can be hard to spot from the inside, especially when you’re also trying to recover physically and stay afloat financially. It is essential to recognize the signs so you know when to reach out.
Your Rights Under Texas and Federal Law
In many cases, we see employers take advantage of workers simply because they believe those employees don’t fully understand their rights. That’s why we strongly encourage you to become informed about your legal protections after a workplace injury. Many people assume that if their employer has workers’ compensation insurance, they’ll automatically be taken care of, but unfortunately, that’s not always the reality here in Temple. At SYT, our mission is to hold negligent employers and those who mistreat injured workers in Temple accountable. We believe every worker in Temple deserves a safe workplace, fair treatment, and a voice when something goes wrong.
Both state and federal laws protect workers in Temple against retaliation following a workplace injury. Under Texas Labor Code § 451.001, it is illegal for an employer to:
- Fire you
- Demote you
- Discipline you
- Harass you
- Or discriminate against you in any way because you filed a workers' compensation claim or reported a work-related injury.
You’re also protected under federal law, including:
- The Occupational Safety and Health Act (OSHA) that protects your right to report unsafe working conditions without fear of retaliation.
- And the Americans with Disabilities Act (ADA), which states that if your injury results in a disability, you are entitled to reasonable accommodations at work.
We aim to ensure that individuals who violate these protections are held accountable and that you receive compensation in cases of wrongdoing.
Why Injured Workers Are Often Targeted and Why You Need SYT on Your Side
Retaliation against injured workers after they file (or attempt to file) a workers’ compensation claim is more common than many people realize, particularly in high-risk, labor-intensive, and lower-wage industries like construction, manufacturing, healthcare, retail, transportation, and food service. These fields often depend on workers who may not fully understand their legal rights or who may feel powerless to challenge unfair treatment. Unfortunately, some employers (and the insurance companies backing them) exploit that vulnerability. Our firm has built a reputation for standing up to powerful employers and navigating complex legal challenges. We take on the difficult cases others avoid because we’re committed to protecting workers and making sure their voices are heard.
Our goal is to take the burden off your shoulders. Having an attorney on your side in a Temple workers’ comp retaliation case is essential. Our team helps injured workers navigate every part of the legal process, from filing claims and meeting crucial deadlines to gathering the evidence needed to build a strong case. We work to ensure you fully understand your rights as clearly and straightforwardly as possible so you feel informed, empowered, and in control of what happens next. In many cases, injured workers who have been retaliated against or mistreated in the workplace may be entitled to compensation for lost wages, medical bills, and other damages. Still, strict timelines, known as statutes of limitations, apply under Texas law. Every situation is unique, so we encourage you to contact us to learn what deadlines apply to your case and how we can help you move forward with confidence.
Start With a Free Case Review Today
You work hard. You deserve a safe workplace, and if you're hurt, you deserve support, not punishment. If you think your employer is retaliating against you for filing a workers’ compensation claim or reporting a job-site injury, you don’t have to figure this out alone. Let Scanes Yelverton Talbert, LLP help you protect your rights and hold your employer accountable. We serve clients throughout Temple and across Texas, and we’re ready to stand by your side.
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“I would like to give a big thanks to the law firm myself and to Joel Shields who represented me on my case. All cases are different, yes indeed. But one thing for sure, they are dedicated to each one of them. I am forever grateful to them for their work and dedication. For that I’m back on my feet again!”
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