Under federal and state laws, employers must not take negative employment
actions against an employee for filing a workers’ compensation claim.
This is known as retaliation, and is strictly prohibited. Thus, you may
not be legally fired for filing a workers’ compensation claim.
This law provides protection to all employees who file workers’ compensation
in good faith. This means you aren’t using fraud or other deceitful
methods to gain money through workers’ compensation. If you participate
in certain protected activities, such as filing for workers’ compensation
and hiring a workers’ compensation lawyer, your employer will not
be able to fire you.
Other types of retaliation include:
- Lowered pay
- Changes in responsibilities or job positions
- Disciplinary actions that aren’t warranted
By law, your employer may not engage in any adverse action against you
simply because you filed for workers’ compensation or participated
in a protected activity. However, your employer may still fire you if
there are legitimate reasons to do so. If you will be unable to work for
months or years, the employer may need to hire someone else to fill your
position. However, for unlawful retaliation, you may be able to pursue
compensation by filing a lawsuit.
Call Our San Antonio Workers’ Compensation Attorney Today at (210) 807-3178
The Law Offices of George P. Escobedo & Associates, PLLC represents
clients who have been injured at work. If you filed a workers’ compensation
claim and were fired or demoted as a result, our firm can help you seek
justice. Retaliation is illegal, and employers must be fair and reasonable
with how they treat their employees. We can talk to witnesses and gather
evidence to support your claim in court.
Contact our firm
today to discuss your case in a free consultation.