Retaliated Against for a Workers’ Comp Claim in Waco? 

You shouldn’t face punishment for seeking the workers’ compensation benefits you’re entitled to after a workplace injury. At Scanes Yelverton Talbert, LLP, we empower workers in Waco, Texas, to fight back against retaliation. Serving Central Texas communities, including Bellmead, Moody, and Bruceville-Eddy, our dedicated attorneys uphold your rights under Texas law, helping you recover with dignity. Let us hold your employer accountable. 

 

Quick Answers to Your Concerns 

What does workers’ comp retaliation involve? 

It’s when an employer takes adverse action, like firing or harassing you, for filing a workers’ compensation claim or reporting a workplace injury. 

 

How long do I have to file a claim in Texas? 

Generally, you have one year from the retaliatory act to file a lawsuit; however, seeking early legal advice is crucial to ensure timely compliance with deadlines. 

 

What can I recover in a retaliation case? 

You may receive reinstatement, lost wages, emotional distress damages, punitive damages, and legal fees, depending on your case. 

 

Is it illegal to fire me for filing a claim? 

Yes. Texas law prohibits firing or punishing employees for pursuing workers’ comp benefits. 

 

Do I file with the EEOC for these claims? 

No. In Texas, workers' compensation retaliation claims are filed directly in court, bypassing the EEOC or the Texas Workforce Commission (TWC). 

 

Defining Workers’ Compensation Retaliation 

Workers’ compensation retaliation happens when an employer penalizes you for accessing benefits after a workplace injury, such as filing a claim or reporting the incident. Under Texas Labor Code Section 451.001, this is illegal and includes actions like termination, wage cuts, or intimidation.

Examples include: 

• Demoting an employee after they report a work-related injury 
• Excluding workers from bonuses or raises due to a claim 
• Creating a hostile environment for seeking medical benefits 
• Terminating employment after testifying in a workers’ comp hearing 
• Assigning undesirable shifts to discourage injury reporting 
• Ignoring safety concerns raised alongside a claim 

 

Such actions can worsen your recovery and financial strain. Visit the Texas Workforce Commission for more information. 

 

Spotting Retaliation in Your Workplace 

Retaliation can disrupt your healing process and compromise your job security. Look for these warning signs: 

• Sudden job loss after filing a workers’ comp claim 
• Negative performance reviews following an injury report 
• Being sidelined from key projects or responsibilities 
• Facing verbal threats or mockery for pursuing benefits 
• Losing access to workplace perks, like flexible hours, post-claim 
• Being forced to perform tasks beyond medical restrictions 
• Experiencing delayed or denied benefits after reporting 

 

If these sound familiar in Waco, our lawyers are here to restore your workplace rights. 

 

Your Rights Under Texas Law 

Texas Labor Code Section 451.001 safeguards employees from retaliation for engaging in workers’ compensation activities, such as filing claims, reporting injuries, or testifying in hearings. Federal laws, such as OSHA, may also apply to reports of unsafe conditions. Your protections include: 

• Right to Claim Benefits: You can file for workers’ comp without fear of punishment. 
• Employment Stability: Employers cannot fire, demote, or cut pay due to your claim. 
• Freedom from Intimidation: You’re protected from harassment for seeking benefits. 
• Medical Access: You can pursue treatment and compensation without job repercussions. 
• Safety Advocacy: Reporting unsafe conditions tied to your injury is your right. 

You may be entitled to reinstatement, lost wages, emotional distress damages, punitive damages, or attorney’s fees if these rights are violated. Our attorneys are ready to enforce your protections. 

 

How to Respond to Retaliation 

Facing retaliation requires quick, strategic action to protect your rights. Follow these steps: 

• Keep Track of Every Incident: Record the specifics of any retaliatory acts, including who participated and when. 
• Report to Management: Submit a written complaint to HR or your supervisor, saving copies. 
• Secure Evidence: Keep records like claim forms, emails, or disciplinary notices. 
• Document Your Injury: Maintain medical reports linking your injury to your claim. 
• Seek Legal Counsel: Contact SYT Firm to review your case and meet Texas’ one-year filing deadline. 
• Pursue a Lawsuit: We’ll guide you in filing a retaliation claim directly in court. 

 

Our attorneys will walk you through each step to build a strong case. 

 

Why Partner with SYT Firm? 

Scanes Yelverton Talbert, LLP is your unwavering advocate in Waco, fiercely protecting workers from retaliation over workers’ compensation claims. Our staff has extensive expertise in Texas labor law and creates exact legal plans that are suited to your unique requirements. Committed to Central Texas communities, we deliver results such as job reinstatement, wage recovery, and employer accountability. We recognize the toll of retaliation and offer steadfast support to help you prevail. 

Reach SYT Firm in Waco 

Retaliation for a workers’ comp claim shouldn’t derail your recovery or career. Scanes Yelverton Talbert, LLP is here to stand up for you in Waco, TX. Call our skilled attorneys at 254-399-8788 today for a consultation.