Retaliation for Filing Workers' Comp in Texas
Whether an employer in Texas can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: No one may fire or otherwise discriminate against an employee because the employee filed a workers' compensation claim in good faith, hired a lawyer for a claim, started a proceeding in good faith, or testified or is about to testify in one. Tex. Lab. Code §§ 451.001–451.003
| Retaliation for filing | No one may fire or otherwise discriminate against an employee because the employee filed a workers' compensation claim in good faith, hired a lawyer for a claim, started a proceeding in good faith, or testified or is about to testify in one. A violator is liable for reasonable damages, and a fired employee is entitled to reinstatement; the employee has the burden of proof. A district court may also issue an injunction. |
|---|---|
| Appealing a denial | Disputes generally start with a benefit review conference (an informal mediation) at DWC, followed by a contested case hearing before an administrative law judge (or arbitration if elected). To appeal the judge's decision, a party must file a written request with the DWC appeals panel within 15 days after receiving the decision (not counting weekends and holidays). A party may then seek judicial review by filing suit within 45 days after the appeals panel decision is mailed. |
Where to get help in Texas
More Texas workers' compensation
- Filing a Workers' Comp Claim in Texas
- How Much Workers' Comp Pays in Texas
- Workers' Comp Settlements in Texas
- Suing Over a Work Injury in Texas
- Appealing a Denied Workers' Comp Claim in Texas
- All Texas workers' compensation rules
FAQ
Can you be fired for filing workers' comp in Texas?
No one may fire or otherwise discriminate against an employee because the employee filed a workers' compensation claim in good faith, hired a lawyer for a claim, started a proceeding in good faith, or testified or is about to testify in one. A violator is liable for reasonable damages, and a fired employee is entitled to reinstatement; the employee has the burden of proof. A district court may also issue an injunction.
How do you appeal a denied workers' comp claim in Texas?
Disputes generally start with a benefit review conference (an informal mediation) at DWC, followed by a contested case hearing before an administrative law judge (or arbitration if elected). To appeal the judge's decision, a party must file a written request with the DWC appeals panel within 15 days after receiving the decision (not counting weekends and holidays). A party may then seek judicial review by filing suit within 45 days after the appeals panel decision is mailed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.