By Evan Lange
If your employer carries workers’ compensation insurance, Texas Labor Code Section 451.001 makes it illegal to fire or otherwise discriminate against you because you filed a workers’ comp claim in good faith, hired a lawyer for the claim, started a proceeding or testified in one. These claims go straight to court without an agency charge, and Texas courts generally apply a two-year deadline. Texas is unusual because private employers can opt out of workers’ comp; the Texas Supreme Court has held that Chapter 451 does not apply to these “nonsubscribers,” but injured workers can sue them for negligence. Firing an injured worker can also violate the ADA or the FMLA.
Refineries, plants, construction sites, warehouses and hospitals: Houston has some of the most physically demanding jobs in the country. When someone gets hurt, the next fear is often losing the job on top of the injury. Texas law protects workers who use the workers’ comp system, but the rules depend on one question many employees can’t answer: does my employer carry workers’ comp?
Under Section 451.001 of the Texas Labor Code, an employer may not discharge or in any other manner discriminate against an employee because the employee:
“Discriminate” covers more than firing, including demotions, pay cuts, schedule changes and harassment tied to the claim. If you win, remedies can include lost wages, reinstatement and other damages.
Texas courts have allowed employers to enforce a uniformly applied absence-control policy, such as termination after a set period of leave. But if the policy is applied only to injured workers, or used as a cover for retaliation, that can be illegal.
Learn more about retaliation in the workplace. ¿Prefiere leer en español? Vea nuestra guía de despido después de un accidente de trabajo.
No, if your employer carries workers’ compensation. Texas Labor Code Section 451.001 prohibits firing or discriminating against an employee for filing a good-faith claim, hiring a lawyer, starting a proceeding or testifying.
Texas lets private employers opt out. The Texas Supreme Court has held that the Chapter 451 retaliation law does not apply to nonsubscribers, but injured employees can sue them for negligence, and the ADA and FMLA may still protect against firing.
Chapter 451 claims are filed directly in court without an agency charge, and Texas courts generally apply a two-year limitations period from the firing. Talk to a lawyer promptly to protect your deadline.
You cannot be fired because of the claim. An employer may enforce a neutral, uniformly applied policy, but applying it only to injured workers or using it as an excuse can be illegal retaliation or disability discrimination.
It can be. If the injury substantially limits a major life activity, the ADA may require reasonable accommodations, such as light duty or leave, and prohibits firing you because of the disability.
The Lange Firm represents employees in Houston and across Texas. Attorney Evan Lange can review the timing of your firing, your employer’s coverage and whether you have a retaliation or wrongful termination claim.
You got hurt doing your job.
The law says you shouldn’t lose it for asking for help.
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