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What Counts as Employer Retaliation in Texas?
Texas Labor Code Section 451.001 prohibits employers from retaliating against employees who file workers compensation claims or who participate in the workers compensation process. Retaliation can take many forms. Termination is the most obvious — being fired shortly after filing a claim is a classic example of workers comp retaliation. However, retaliation can also include demotion, which means being moved to a lower-paying or lower-status position; reduction of hours, which directly cuts your income; assignment to undesirable shifts or locations; harassment and hostile working conditions that make your job intolerable; and denial of benefits or promotions that other employees receive.
Timing is often the most important evidence in a retaliation case. When an employer takes adverse action within days or weeks of a workers compensation filing, courts often view that proximity as circumstantial evidence of retaliatory motive. Learn more about your employment law rights in Texas.
Texas Labor Code Protection
The Texas Workers Compensation Act provides robust protections for employees who exercise their rights under the workers comp system. Under Texas Labor Code Chapter 451, an employer who retaliates against an employee for filing a claim, retaining an attorney, or testifying in a workers comp proceeding commits an illegal act. The employee has a right to sue the employer for damages and, importantly, for reinstatement to their former position.
How to Document Retaliation
If you believe you are experiencing workers comp retaliation, documentation is critical. Keep a detailed written log of all adverse actions — dates, who was involved, what was said or done, and any witnesses. Save all written communications from your employer including emails, texts, and written notices. Request copies of your personnel file. Note any changes in how supervisors treat you after you filed your claim. Documenting a pattern of adverse treatment strengthens your case significantly.
Retaliation Claim vs. Underlying Injury Claim
It is important to understand that your workers comp retaliation claim is separate from your underlying workers compensation injury claim. You can pursue both simultaneously. The retaliation claim is a civil lawsuit against your employer for illegal employment discrimination. The workers comp claim involves the benefit system for your injury. Having an attorney who handles both employment law and workers comp matters can help ensure both claims are properly advanced. See also our discussion of wage and hour violations that often accompany retaliation cases.
Damages Available in a Texas Workers Comp Retaliation Claim
A successful workers comp retaliation claim can result in reinstatement to your former position, back pay for wages lost during the period of retaliation, compensatory damages for emotional distress and mental anguish, and attorney fees and court costs. In some cases, courts also award exemplary damages when the employer's conduct was particularly egregious.
Free Consultation — Know Your Rights
If you believe your employer retaliated against you for filing a workers compensation claim, contact Anderson Alexander A2X Law immediately. Time limits apply — Texas has a 90-day statute of limitations for retaliation claims under the Texas Workers Compensation Act. Our attorneys are Super Lawyers rated and handle employment and injury matters throughout South Texas.
Call for a free consultation: (361) 452-1279. Anderson Alexander PLLC, 101 N Shoreline Blvd, Suite 420, Corpus Christi TX 78401. Contact us online — no fee unless we win.
Anderson Alexander PLLC | 101 N Shoreline Blvd, Suite 420, Corpus Christi TX 78401 | (361) 452-1279 | Super Lawyers rated | No fee unless we win


