Can I Be Fired for Filing a Workers’ Comp Claim in Texas?
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Fear of Retaliation Stops Too Many Injured Workers
If you’ve been hurt on the job in Texas, you may be afraid to report your injury or file a workers’ compensation claim because you worry your employer will fire you. This fear is incredibly common — and employers often take advantage of it.
The truth is this: Texas law protects workers from being fired for filing a workers’ comp claim, but the protections vary depending on whether your employer is a subscriber (regular workers’ comp insurance) or non‑subscriber. Understanding your rights is critical to protecting your job, your income, and your injury claim.
This guide breaks down what Texas law says, what employers can and cannot do, and how to protect yourself if you suspect retaliation. If you are targeted, call our workers’ compensation lawyers in Dallas and Fort Worth immediately.
1. Texas Law Prohibits Firing Someone Because They Filed a Workers’ Comp Claim
Under Texas Labor Code § 451.001, it is illegal for a subscribing employer to fire, threaten, or discriminate against an employee for:
- Filing a workers’ comp claim
- Hiring a lawyer to help with a claim
- Testifying in a workers’ comp proceeding
- Reporting a workplace injury
This is known as a retaliatory discharge claim.
What this means in practice:
Your employer cannot get you fired for filing a workers’ comp claim. But they can fire you for unrelated reasons — and many employers try to disguise retaliation as something else.
Frequently Asked Questions About Can I Be Fired For Filing A Workers' Comp Claim
No. Texas law prohibits firing someone because they filed a claim.
Yes — but only for legitimate, non‑retaliatory reasons.
They can still be held liable if they fire you for reporting an injury.
Document everything and contact a workplace injury lawyer immediately.
Injured at work in Texas and your employer doesn’t have workers’ comp?
You may have the right to sue and recover full compensation.
Contact MLF Legal today for a free consultation. You pay nothing unless we win your case.
2. What If My Employer Is a Non Subscriber?
Texas is the only state where many employers opt out of workers’ comp – meaning, they don’t buy workers’ compensation insurance. These companies are called non‑subscribers.
Important distinction:
- Subscribers → Protected by Labor Code § 451.001
- Non‑subscribers → Not covered by § 451.001, but still cannot fire you for reporting an injury in bad faith
Even though the statute doesn’t apply, firing someone for reporting an injury can still be used as evidence of negligence, malice, or punitive damages in a non‑subscriber lawsuit.
In other words:
Retaliation can make your case against a non‑subscriber employer even stronger.
3. Signs Your Employer May Be Retaliating
Retaliation isn’t always obvious. Employers rarely say, “You are fired for filing a workers’ comp claim.”
Common signs include:
- Sudden negative performance reviews
- Reduced hours or undesirable shifts
- Written up for minor issues
- Excluded from meetings or opportunities
- Pressure to return to work before medically cleared
- Threats about job security
- Termination shortly after filing a claim
If the timing seems suspicious, it probably is.
4. What Employers Can Legally Do
Texas employers still have broad discretion to manage their workforce. They can legally:
- Fire employees for unrelated misconduct
- Lay off workers due to restructuring
- Terminate at‑will employees for non‑retaliatory reasons
- Require employees to follow medical restrictions
- Request documentation for missed work
The key question is why the employer took action.
If the real reason is your injury or claim, that’s retaliation.
5. What to Do If You Think You’re Being Retaliated Against
If you suspect retaliation, take these steps immediately:
✅ Document everything
Keep copies of:
- Write‑ups
- Emails
- Text messages
- Schedule changes
- Performance reviews
- Witness statements
✅ Follow your doctor’s restrictions
If your employer pressures you to violate them, document it.
✅ Don’t quit
Quitting can weaken your case. Talk to a lawyer first.
✅ Contact a Texas workplace injury lawyer
Retaliation cases are time‑sensitive. Evidence disappears quickly, and employers often move fast to justify their actions.
At MLF Legal, we help injured workers protect their jobs, their income, and their legal rights.
6. What Compensation Can You Recover in a Retaliation Case?
If you were illegally fired for filing a workers’ comp claim, you may be entitled to:
- Lost wages
- Reinstatement
- Mental anguish damages
- Attorney’s fees
- Punitive damages (in cases of malice)
If your employer is a non‑subscriber, retaliation can also strengthen your negligence lawsuit.
Conclusion: You Don’t Have to Face Retaliation Alone
Being injured at work is stressful enough. Worrying about losing your job makes it even harder. But Texas law gives you rights — and MLF Legal is here to protect them.
Call MLF Legal Today - 214-357-1782
📞 Are you worried about being fired after filing a workers’ comp claim?
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