Workers’ Compensation Retaliation

The Scharfman Law Firm, PLLC represents clients in workers’ compensation retaliation claims all over Texas, and is an aggressive advocate for our clients and their rights. We are committed to helping employees fight for their rights when they have suffered from unlawful retaliation related to their on the job injury or workers’ compensation claim.

Under the Texas Workers Compensation Act, it is unlawful for an employer to discriminate against and/or discharge an employee for having instituted a workers’ compensation proceeding or for contacting an attorney to assist in the representation of the employee in such proceeding.  Even if the employee did not file a workers’ compensation claim, but was discriminated against and/or discharged for sustaining an on the job injury, the employee may still be protected from discrimination and/or discharge for such injury, if it can lead to a workers’ compensation claim being filed.

However, an employee does not have the abovementioned protection under the Act in the event the employer is not a subscriber to the workers’ compensation system.

Certain statutes of limitations apply to these claims.

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