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Suffering a workplace injury can be one of the most embarrassing and humiliating events of your life, especially if it happens in front of your coworkers. The last thing you may be expecting after this happens is for your employer to treat you like you committed some sort of crime by retaliating against you for seeking workers’ comp or trying to recover.
You may feel betrayed, confused, and ready to seek legal action. If you decide to pursue a claim against your employer or if you need a strong defense against your employer’s retaliation, a labor lawyer may be able to help you with your case.
Having to deal with the aftermath of your situation alone can be overwhelming. Depending on your situation, you may be dealing with severe injuries on top of a possible legal case. You should hire an experienced employment lawyer to take control of your case and worry about the details while you focus on prioritizing your recovery, which could take longer than you think.
If you’ve experienced retaliation after reporting a workplace injury in Texas, The Galo Law Firm is here to stand up for your rights. Our attorneys are committed to holding employers accountable and ensuring you receive the justice you deserve.
Don’t let unlawful retaliation go unchecked—contact us today at 210-764-6135 to schedule a consultation and take the first step toward protecting your future.
We serve clients throughout Central and South Texas including San Antonio, Austin, Corpus Christi, Laredo, Brownsville, and Webb County.
Under Texas state law, it is illegal for your employer to retaliate against you if you take legal action against your employer. This includes reporting your employer’s wrongful behavior or illegal activities, as well as filing a workers’ compensation claim after suffering a workplace accident.
Some employees may view filing for workers’ comp as a betrayal of the company, as reporting the accident may make the employer or your supervisor look incompetent or dangerous.
This is simply not true, and your employer’s retaliatory actions could result in severe legal consequences for them, especially if you have taken the necessary steps to protect yourself by documenting all of your exchanges with your employer. If your employer attempts to retaliate against you for filing for workers’ comp, you can then file a retaliation claim. You will need to prove that you engaged in a protected activity and suffered an adverse employment action.
It may not always be obvious that you are being retaliated against for some sort of perceived wrongdoing against the company. You may not even be aware of it until somebody else points it out to you. Retaliation can take many different forms, some of which are quite subtle. These forms include the following:
Once you have realized you are being retaliated against for trying to do right by yourself after a workplace accident, you need to be able to prove it. Proving it might be easier said than done, but your lawyer can help you put together a solid case by gathering evidence. You need to be able to prove that the retaliatory actions would not have happened if you hadn’t filed a claim for workers’ comp.
This evidence can take the form of documented expressions of negative attitudes towards your injury, texts or emails showing your employer was aware of your workers’ compensation claim, a failure of your employer to follow company policy, and anything that proves discriminatory treatment aimed at you instead of any other employees.
Once you have gathered enough evidence to support your claim, you should consider filing a complaint with the Texas Workforce Commission or the federal Equal Employment Opportunity Commission (EEOC). Depending on the details of your case and the agency you decide to file a claim with, there may be a deadline for filing a retaliation claim. Your lawyer can help you make sure you don’t miss that deadline.
If you successfully prove your claim and win your case, there may be significant changes ahead for you and your employer. They may be ordered to pay lost wages, medical expenses, and various legal penalties for each violation they committed against you. If you were wrongfully terminated, you may be reinstated to your former position. The supervising employee who started this may end up losing their job themselves, depending on your company’s policies.
Filing for workers’ comp can be a difficult process all on its own, and that’s without worrying about whether your job will still be there when you return. When it comes to dealing with workplace turmoil, having the right lawyer by your side can make all the difference. The last thing you want is to end up unprepared without any legal representation. If that happens, you may not be able to recover anything, as you may not know what to fight for.
The legal team at The Galo Law Firm understands the kind of help you’ll need. Reach out to us at 210-764-6135 or contact us online to speak to someone who can help you.