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Wrongfully Fired After Filing a Workers’ Comp Claim?

Our San Antonio Workers’ Compensation Attorneys Can Help

At The Law Office of George P. Escobedo & Associates, PLLC, we are dedicated to providing client-focused, results-driven representation. Our firm has helped hundreds of clients successfully navigate the legal system, and we have decades of experience fighting on behalf of injured workers. If you were fired after filing a workers’ compensation claim, we can investigate your situation and uphold your rights. Our San Antonio workers’ compensation lawyers can discuss your options and aggressively represent you in court. Contact us today for a free initial consultation.

Understanding Your Employment Contract

Depending on your situation, your employment may be at-will or contractual. If you are an at-will employee, this means you and your employer may terminate your employment for nearly any reason, at any time. Thus, if you are injured at work and file for compensation, your employer may lawfully terminate your employment. This is common with smaller businesses that must hire another person in your place to avoid losing revenue while you are on medical leave.

On the other hand, if you are a contractual employee, your situation may be different. You will need to thoroughly read the terms of your contract to learn what under what conditions you may be fired. If your employer fires you, and the action contradicted what was stated in your employment contract, you can take legal action to dispute the decision. Our experienced lawyer can guide you through the legal process as you fight for the settlement you deserve.

Seeking Compensation for Wrongful Termination

Depending on your situation, you may be able to receive compensation for past and future lost wages and emotional trauma. This is on top of your workers’ compensation benefits for medical bills. However, the court will only uphold your claim of wrongful termination if your employer acted in retaliation against you.

In order to pursue compensation for wrongful termination, you must prove that:

  • You were an employee entitled to workers’ compensation benefits
  • You engaged in a protected activity, such as filing a workers’ compensation claim
  • You suffered adverse employment actions, such as being fired
  • Your employer was motivated by retaliation because you engaged in a protected activity

It is illegal to be fired just because you filed a workers’ compensation claim. If you are injured, be sure to keep records of all correspondence with your employer, as well as medical records and documentation of your employment history. This may include emails, witness testimony, videos, and photographs. Having evidence can strengthen your claim in court and increase your chances of reaching a settlement.

Efficient Workers’ Compensation Attorneys in San Antonio

Filing a lawsuit against your employer for wrongful termination is often stressful and complicated. At The Law Office of George P. Escobedo & Associates, PLLC, we are dedicated to helping clients navigate the legal system as they seek the compensation they deserve. If you were wrongfully terminated because you filed for workers’ compensation, our team can investigate your employment records and represent you in court.

For passionate legal assistance in Texas, call our office at (210) 807-3178 today. Our firm offers Spanish-speaking services, as well as daytime and evening availability.