There are several reasons why people may be afraid to report a work injury for fear of being fired:
- Fear of retaliation: Some employees worry that if they report a work injury, their employer will retaliate against them by firing them, reducing their hours, demoting them, or otherwise treating them unfairly.
- Financial insecurity: Employees who live paycheck to paycheck may be worried that taking time off work to recover from an injury will result in lost wages and financial hardship, making them more vulnerable to being fired.
- Job security: Employees who believe that their job may be at risk for other reasons, such as poor performance or budget cuts, may be hesitant to report a work injury for fear of giving their employer an additional reason to terminate their employment.
- Lack of knowledge: Some employees may not be aware of their legal rights and protections under workers’ compensation laws, and therefore may not know that they cannot be fired for reporting a work injury.
It is important to remember that in some circumstances it may be illegal for an employer to retaliate against an employee for reporting a work injury. Under Texas workers’ compensation laws, employees have the right to file a claim for benefits and receive medical treatment and wage replacement while they recover from a work-related injury.
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What Happens If An Employer Retaliates Against an Employee for Reporting a Work Injury?
If an employer retaliates against an employee for reporting a work injury in Texas, the employee may have legal recourse. The Texas Workers’ Compensation Act provides protections for employees who report a work-related injury or illness and prohibits employers from retaliating against employees who exercise their rights under the Act.
Examples of retaliatory actions by employers may include:
- Firing or demoting the employee
- Reducing the employee’s pay or hours
- Intimidating or harassing the employee
- Denying the employee benefits or opportunities
If an employer engages in retaliatory behavior, the employee may have a right to file a complaint with the Texas Division of Workers’ Compensation (DWC) or file a lawsuit against the employer in court. The employee may be entitled to damages, such as lost wages, reinstatement, and compensation for emotional distress.
It is important for employees who have suffered a work-related injury or illness to report the injury to their employer as soon as possible, and to document any incidents of retaliation or harassment.
Employees may also wish to consult with an experienced workers’ compensation attorney to understand their rights and options under Texas law.
What Happens In a Non-Subscriber Setting?
In a non-subscriber setting, the laws protecting employees from termination while on medical treatment do not apply. Unfortunately, if you are injured on the job while working for a non-subscriber employer, you are subject to Texas at-will employment laws. That is to say, you could get fired at any time without cause.
Read also: Hire A Texas Nonsubscriber Lawyer Early In Your Injury Case!
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