Workers’ Compensation Retaliation Attorney in Texas

If you were fired, demoted, or punished after filing a workers’ compensation claim in Texas, you may have a workers’ compensation retaliation claim. Texas law prohibits employers from retaliating against employees for filing — or even intending to file — a workers’ compensation claim. Employment attorney Jack Nichols has represented employees throughout Austin, Houston, San Antonio, and all of Texas for 28 years. Wherever you work in Texas, the law protects you when you exercise your right to workers’ compensation benefits. Call (512) 595-1269 for a free confidential consultation.

About the Attorney: Jack Quentin Nichols is licensed by the State Bar of Texas (admitted 1997) and has represented Texas employees exclusively for 28 years. Former attorney at the Texas Attorney General’s Office/Texas Workforce Commission. Learn more about Jack Nichols →

Texas Workers’ Compensation Retaliation — What the Law Says

Texas Labor Code § 451.001 prohibits any Texas employer from discharging, discriminating against, or retaliating against an employee because the employee:

• Filed a workers’ compensation claim in good faith
• Hired a lawyer to represent them in a workers’ compensation claim
• Instituted or caused to be instituted a workers’ compensation proceeding
• Testified or is about to testify in a workers’ compensation proceeding

Critically, Texas courts have extended this protection to employees who are fired merely for intending to file a claim — you do not have to have already filed before you are protected. If you reported a work injury and were fired before you could file, you may still have a claim.

This protection applies to employees throughout all of Texas — from employers in the Austin metro to oil and gas companies in the Houston area, construction firms throughout San Antonio and South Texas, and employers in every county across the state.

Workers’ Compensation Retaliation Across Texas — Austin, Houston, San Antonio, and Beyond

Workers’ compensation retaliation occurs in every region of Texas and across all industries. Common scenarios our firm handles include:

• Austin and Central Texas: Tech company employees injured on-site or during work travel who report injuries and face termination; construction workers on the I-35 corridor or in Williamson and Hays counties injured and then fired; state agency employees in Travis County who report workplace injuries
• Houston and the Gulf Coast: Oilfield and petrochemical workers in Harris, Galveston, and Brazoria counties injured on the job and fired after reporting; construction and refinery workers along the Houston Ship Channel and Gulf Coast industrial corridor; logistics and warehouse workers in the Port of Houston area
• San Antonio and South Texas: Military contractors and civilian workers injured at JBSA installations; healthcare workers and hospital employees throughout Bexar County; construction and manufacturing workers across Bexar, Comal, Guadalupe, and surrounding South Texas counties
• North Texas, East Texas, and West Texas: Oil and gas field workers in the Permian Basin and Eagle Ford Shale; agricultural and ranch workers throughout rural Texas; manufacturing and warehouse employees across all regions of the state

Industries in Texas Where Workers’ Compensation Retaliation Is Most Common

Workers’ compensation retaliation occurs across all industries, but is most frequently seen in physically demanding and high-injury sectors:

• Construction: One of the highest injury-rate industries in Texas, with employers in Austin, Houston, San Antonio, and throughout the state regularly firing injured workers before claims can be filed
• Oil, gas, and petrochemical: Oilfield workers, refinery employees, and pipeline technicians throughout the Permian Basin, Eagle Ford Shale, and Gulf Coast face retaliation after reporting on-the-job injuries
• Manufacturing and warehousing: Plant workers and distribution center employees throughout Austin, Houston, San Antonio, Dallas, and all major Texas industrial markets
• Healthcare: Nurses, nursing assistants, and hospital support staff injured during patient handling or workplace accidents throughout Texas hospital systems
• Transportation and logistics: Truck drivers, forklift operators, and logistics workers injured on the job across Texas’s major freight corridors
• Agriculture and landscaping: Farm workers, ranch hands, and landscaping employees injured throughout rural and suburban Texas

What Workers’ Compensation Retaliation Looks Like in Texas

Texas employers use many tactics to retaliate against injured workers. Courts across Texas have recognized the following as illegal retaliation under Texas Labor Code § 451.001:

• Termination shortly after an on-the-job injury is reported or a claim is filed
• Demotion, pay cut, or reassignment following the injury or claim
• Sudden negative performance evaluations that appear only after the injury report
• Being placed on a performance improvement plan (PIP) as a pretextual step toward termination
• Exclusion from work schedules, contracts, or shifts after reporting an injury
• Claiming the employee violated a safety rule or policy as a pretext for termination
• Claiming a reduction in force while specifically targeting injured workers

The “Causal Connection” Requirement — Key Evidence in Texas Workers’ Comp Retaliation Cases

To win a workers’ compensation retaliation claim in Texas, you must prove a causal connection between your protected activity (reporting the injury or filing a claim) and the adverse employment action. Critical evidence includes:

• Timing: The closer in time the termination follows the injury report or claim filing, the stronger the inference of retaliation
• Knowledge: Proof that your supervisor or the decision-maker knew about the injury or claim before making the termination decision
• Pretext: Evidence undermining the employer’s stated reason — positive performance reviews, absence of prior discipline, coworkers treated differently
• Statements: Any comments by supervisors about workers’ comp costs, claims, or your injury

Attorney Jack Nichols can help you identify, preserve, and present this evidence across all Texas courts and venues.

Filing Deadlines for Texas Workers’ Compensation Retaliation Claims

Workers’ compensation retaliation claims under Texas Labor Code § 451.001 must be filed within two years of the discriminatory act. This is a strict deadline — do not wait. Evidence disappears, witnesses move on, and employer records get destroyed. Contact a Texas workers’ compensation retaliation attorney as soon as possible after your termination or adverse employment action.

Note: If your employer also violated federal law (for example, through disability discrimination under the ADA or FMLA retaliation), additional federal deadlines of 180 or 300 days may apply to those separate claims.

What Damages Can a Texas Employee Recover for Workers’ Compensation Retaliation?

Under Texas Labor Code § 451.002, an employee who successfully proves workers’ compensation retaliation may recover:

• Reinstatement to their former employment position
• Back pay — lost wages from the date of termination
• Reasonable attorney’s fees

Additionally, depending on the facts, injured workers may pursue related claims for intentional infliction of emotional distress or other tort remedies that allow for broader damages. Attorney Jack Nichols can evaluate all available claims based on your specific facts.

Frequently Asked Questions — Texas Workers’ Compensation Retaliation

I was injured at my Houston construction site and reported it to my supervisor. I was fired three days later. Do I have a claim?

Yes — three days between an injury report and termination is very strong evidence of retaliation under Texas Labor Code § 451.001. You are protected even if you had not yet formally filed a workers’ compensation claim — reporting the injury to your employer is sufficient protected activity. The two-year deadline runs from your termination date. Contact a Texas workers’ compensation retaliation attorney immediately.

I work at an Austin tech company and was injured during a company event. My employer says I was fired for performance, but I was terminated right after I mentioned filing a workers’ comp claim. What can I do?

A performance justification for termination that arises only after an injury report or workers’ comp mention is a classic example of pretext. Gather all positive performance reviews, commendations, and feedback you received before the injury, and preserve any communications referencing the injury or workers’ comp. The timing and your prior record are your strongest evidence. Contact an attorney immediately.

I work in San Antonio and my employer doesn’t carry workers’ compensation insurance (non-subscriber). Can I still be protected from retaliation?

Texas Labor Code § 451.001 applies to all Texas employers — both those who carry workers’ compensation insurance and non-subscribers. If you reported an on-the-job injury to a non-subscribing employer and were fired, you may have both a retaliation claim under § 451.001 and a separate personal injury claim against the employer. Attorney Jack Nichols handles both types of claims and can evaluate your options.

Why Choose Jack Nichols as Your Texas Workers’ Compensation Retaliation Attorney

• 28 years exclusively representing Texas employees — never employers
• Former attorney at the Texas Attorney General’s Office / Texas Workforce Commission
• Licensed in all four U.S. District Courts in Texas — Western (Austin and San Antonio Divisions), Southern (Houston Division), Northern, and Eastern Districts
• Member: State Bar of Texas Labor & Employment Section; Texas Employment Lawyers Association (TELA)
• Contingency fee basis — no fee unless we win
• Representing injured workers in Austin, Houston, San Antonio, Dallas, Fort Worth, El Paso, Lubbock, Midland, Odessa, Corpus Christi, McAllen, Laredo, and all of Texas