How Texas Law Protects Workers From Retaliation After an Injury

Getting hurt at work can leave an employee worried about much more than medical bills.

There may also be concerns about lost wages, job security, and how an employer will react once the injury is reported.

Texas law protects workers from retaliation when they exercise workers’ compensation-related rights. In general, an employer cannot punish an employee simply for taking legally protected steps after a workplace injury.

When someone is injured at work, reporting the incident and getting appropriate medical attention should be priorities.

Workers should also keep copies of medical records, accident reports, emails, text messages, and other documents connected to the injury.

These records can become important if the employee later believes that workplace treatment changed because of the injury or a workers’ compensation claim.

What Counts as Workers’ Compensation Retaliation in Texas?

Workplace retaliation occurs when an employer takes an adverse employment action because an employee exercised a legally protected right.

Texas addresses this directly in Chapter 451 of the Texas Labor Code. Under Section 451.001, an employer may not fire or otherwise discriminate against an employee who, in good faith:

• Files a workers’ compensation claim
• Hires a lawyer to represent them in a claim
• Starts a proceeding under the Texas Workers’ Compensation Act
• Testifies, or is about to testify, in such a proceeding

Retaliation can take different forms. Termination is the clearest example, but an employee may also experience a demotion, a cut in hours or pay, an undesirable reassignment, sudden disciplinary write-ups, or other negative treatment that would not have happened otherwise.

Can You Be Fired While Receiving Workers’ Compensation in Texas?

Texas is an at-will employment state, so being on workers’ compensation does not make an employee immune from termination. The question is why the employer acted.

The Texas Supreme Court has set a high bar for proving that reason. In Continental Coffee Products Co. v. Cazarez (1996), the court held that an employee must show the firing would not have occurred when it did if the employee had not engaged in the protected activity. The court reaffirmed that “but-for” standard in Kingsaire, Inc. v. Melendez (2015). The workers’ compensation claim does not have to be the only reason for the decision, but it has to be a decisive one.

What Evidence Can Show Retaliation?

Employers rarely admit to retaliating, so most cases rely on circumstantial evidence. Texas courts have recognized several kinds of evidence that can point to a retaliatory motive:

• A supervisor’s negative comments or attitude about the injury or the claim
• Treating the injured worker differently from similarly situated co-workers
• Failing to follow the company’s own written policies
• Proof that the employer’s stated reason for the decision is false

Timing can also matter. An employee with a strong work history who reports an injury, files a claim, and then suddenly faces discipline or termination may have reason to ask questions. Close timing does not by itself prove unlawful retaliation, but it can be relevant when considered with other evidence.

That is why records of performance reviews, disciplinary notices, conversations with supervisors, and communications with human resources matter. Comparing how the employee was treated before and after the injury can help show what changed.

When an Employer Can Lawfully Take Action After an Injury

Texas law does not shield an injured employee from ordinary workplace discipline. An employer can generally take action for reasons unrelated to a workers’ compensation claim, such as documented misconduct, repeated rule violations, poor performance that predates the injury, or a legitimate workforce reduction.

One common example involves leave and attendance policies. In Haggar Clothing Co. v. Hernandez (2005), the Texas Supreme Court held that firing an employee under a reasonable maximum-leave policy is not retaliation if the policy is applied uniformly to everyone. If the employer enforces the rule only against workers who filed claims, or the stated reason is a pretext, the analysis changes.

Other laws may provide separate protection. For example, the federal Family and Medical Leave Act gives eligible employees of covered employers up to 12 weeks of job-protected leave for a serious health condition, and disability laws may require reasonable accommodations in some cases.

Deadlines Injured Texas Workers Should Know

Missing a deadline can undermine both a benefits claim and a later retaliation case. According to the Texas Department of Insurance, Division of Workers’ Compensation:

• 30 days: An injured employee must report the injury to the employer within 30 days of the date of injury, or benefits may be denied.
• One year: The employee should file a claim (DWC Form-041) with the Division within one year of the injury to protect their rights.

A retaliation lawsuit has its own deadline. Texas courts have generally applied a two-year limitations period that runs from when the employee learns of the adverse action, so workers who suspect retaliation should not wait to get advice.

Nonsubscribers and Government Employers

Texas is unusual because most private employers are not required to carry workers’ compensation insurance. Employers who opt out are known as “nonsubscribers.” Because Chapter 451 is tied to the workers’ compensation system, an injured employee of a nonsubscriber may face a different legal analysis and may have other claims available, such as a negligence lawsuit against the employer.

Public employees face another hurdle: governmental immunity can limit retaliation claims against state and local employers. Since 2017, Section 451.0025 has expressly waived that immunity for first responders who bring retaliation claims against their governmental employers.

Steps Injured Workers Can Take to Protect Themselves

Employees can take practical steps after a workplace injury:

1. Report the injury promptly through the employer’s procedure, preferably in writing, and well within the 30-day window.
2. Get medical care and follow the recommended treatment and work restrictions.
3. Keep copies of medical records, claim forms, pay stubs, schedules, and performance reviews.
4. Build a timeline showing when the injury occurred, when it was reported, when treatment began, when a claim was filed, and when any changes in employment occurred.
5. Save written communications such as emails and text messages instead of relying on memory. Written evidence can provide useful context if there is a later dispute.

What to Do If You Suspect Retaliation

An employee who believes an employer retaliated because of protected workers’ compensation activity may want to discuss the situation with a qualified Texas attorney.

A lawyer can review the employment history, communications, timing, claim records, and the employer’s stated reason for its decision. The state’s Office of Injured Employee Counsel also offers free help with the benefits process.

If retaliation is proven, Section 451.002 allows the employee to recover reasonable damages, and a fired employee may be reinstated to their former position.

A court can also issue an injunction to stop an ongoing violation. The employee carries the burden of proof, which is another reason good documentation matters.

At the same time, not every workplace disagreement after an injury is unlawful retaliation. A careful review of the evidence is necessary.

Key Takeaways

• Texas Labor Code §451.001 prohibits firing or discriminating against employees who file a workers’ compensation claim in good faith, hire a lawyer, or take part in a claim proceeding.
• Retaliation can involve termination, demotion, reduced hours, discipline, or other adverse treatment.
• Employees must show the action would not have happened when it did without the protected activity.
• Timing, inconsistent treatment, and false explanations can serve as evidence, but timing alone does not prove retaliation.
• Employers can still take legitimate action, including uniform enforcement of reasonable leave policies.
• Report injuries within 30 days, file a claim within one year, and act quickly on any retaliation concern.
• Nonsubscriber and government employment can change the legal analysis.
• Anyone concerned about possible retaliation should get advice based on the specific facts of their situation.