Workers Compensation Retaliation: Hiring a Lawyer

Another red flag in a wrongful termination case is the timing of the termination relative to when the employee hired an attorney.

The Texas Labor Code protects the right to seek legal counsel in a workers compensation case:

Sec. 451.001. DISCRIMINATION AGAINST EMPLOYEES PROHIBITED. A person may not discharge or in any other manner discriminate against an employee because the employee has:

(1) filed a workers' compensation claim in good faith;

(2) hired a lawyer to represent the employee in a claim;

(3) instituted or caused to be instituted in good faith a proceeding under Subtitle A; or

(4) testified or is about to testify in a proceeding under Subtitle A.

Insurance companies and employers hire attorneys and insurance adjusters to represent their interests in cases. An employee can have the same right.

An employee who is fired immediately after hiring an attorney can sue for damages and reinstatement.