Fired After On-The-Job Injury

Being injured at work is stressful enough, but being fired afterward can leave you shocked, frustrated, and unsure of what to do next. Texas law protects workers from being terminated in retaliation for reporting a workplace injury or filing a claim for benefits. If you were fired after getting hurt on the job, you may have legal grounds to take action.

At Galo Law Firm, our San Antonio employment attorneys help workers who have been treated unfairly after workplace injuries. We stand up for employees who have been retaliated against, demoted, or wrongfully terminated after exercising their rights under Texas and federal law. Call us today at (210) 764-6135.

Can My Employer Fire Me After a Workplace Injury?

Texas is an at-will employment state, meaning employers generally have the right to terminate employees at any time and for almost any reason. However, there are important exceptions to this rule, especially when it comes to workplace injuries.

Your employer cannot legally fire you for:

• Reporting a workplace injury;
• Filing a workers’ compensation claim (if your employer carries coverage);
• Requesting time off for medical treatment; or
• Seeking reasonable accommodations for a disability related to your injury.

These protections exist under both the Texas Labor Code § 451.001 and the Americans with Disabilities Act (ADA). If your employer’s decision to terminate you was motivated by your injury or your request for benefits, that firing may be considered retaliatory and unlawful.

Recognizing Signs of Retaliation

Employers rarely admit to firing someone because of an injury; instead, retaliation often appears in subtle ways. Common warning signs include:

• Sudden negative performance reviews after reporting an injury;
• Unexplained disciplinary actions;
• Pressure to return to work before you are medically cleared; or
• Termination shortly after filing a workers’ compensation claim or medical leave request.

If you notice these patterns, document everything, including emails, text messages, and dates of key events, and speak with an employment attorney as soon as possible.

What Are Your Legal Options?

If you believe your firing was retaliatory, you may be entitled to compensation for lost wages, emotional distress, and other damages. The appropriate legal action will depend on your situation. Some cases are filed under the Texas Labor Code for workers’ compensation retaliation, while others fall under federal laws like the ADA or the Family and Medical Leave Act (FMLA).

Our San Antonio employment law attorneys at Galo Law Firm can help determine the best path for your case, whether that means negotiating a settlement, filing a charge with the Texas Workforce Commission (TWC) or the Equal Employment Opportunity Commission (EEOC), or taking your case to court.

Protecting Your Rights After a Workplace Injury

After being injured on the job, you have the right to:

• Receive medical treatment and recover without fear of retaliation;
• File for workers’ compensation benefits, if applicable; and
• Request reasonable accommodations if your injury results in a disability.

If your employer ignores these rights, or worse, terminates you because of them, you do not have to accept it.

Speak With Our San Antonio Employment Lawyers

Being fired after a workplace injury can feel like a betrayal, but you have legal options. At Galo Law Firm, we have helped countless Texas employees hold employers accountable for retaliation and wrongful termination. We will review your case, explain your rights, and pursue the compensation you deserve.

Call (210) 764-6135 or contact us online to schedule a confidential consultation with an experienced employment attorney at Galo Law Firm today.