Workers' compensation is a type of insurance that provides benefits to employees who are injured on the job. If an employee is injured, they have the right to file a workers' compensation claim to receive benefits such as medical expenses and lost wages. However, some employers may retaliate against employees who file workers' compensation claims. In this article, we will discuss whether an individual can sue their employer for retaliating against them after they file a workers' compensation claim.
Retaliation can take many forms, including termination, demotion, harassment, or other adverse employment actions. If an employer retaliates against an employee for filing a workers' compensation claim, the employee may be able to file a lawsuit against the employer for damages.
Under Texas law, it is illegal for an employer to retaliate against an employee for filing a workers' compensation claim. If an employee believes that they have been retaliated against, they can file a complaint with the Texas Workforce Commission or file a lawsuit against their employer.
To successfully prove retaliation, the employee must show that the employer took an adverse employment action against them because they filed a workers' compensation claim. This can be difficult to prove, as employers may provide alternative reasons for the adverse action. However, if the employee can provide evidence that the adverse action was taken because they filed a workers' compensation claim, they may be able to prove retaliation.
If an employee successfully proves retaliation, they may be entitled to damages, such as lost wages, emotional distress, and punitive damages. Punitive damages are intended to punish the employer for their illegal behavior and can be significant.
In Texas, it is illegal for an employer to retaliate against an employee for filing a workers' compensation claim. If an employee believes that they have been retaliated against, they can file a complaint with the Texas Workforce Commission or file a lawsuit against their employer. Proving retaliation can be difficult, but if successful, the employee may be entitled to significant damages. Ryan Pigg can assist individuals who have been retaliated against and help them seek justice and fair compensation.
