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Fired for Filing Workers' Comp in Texas? Your Rights Under Texas Labor Code § 451

If your employer fired you, demoted you, or punished you for filing a workers’ compensation claim in Texas, you may have a strong retaliation case. Texas Labor Code § 451 makes it illegal for employers to retaliate against employees who exercise their rights under the Texas Workers’ Compensation Act.

Unlike many other areas where Texas offers limited workplace protections, workers’ compensation retaliation law provides robust protection with a favorable 2-year statute of limitations—much longer than most retaliation claims.

This guide explains what activities are protected, how to recognize retaliation, what damages you can recover, and what deadlines apply.

What Texas Labor Code § 451 Protects

Texas Labor Code Chapter 451 specifically prohibits employers from retaliating against employees who:

  1. File a workers’ compensation claim for a work-related injury or illness
  2. Hire a lawyer to represent them in a workers’ comp claim
  3. Testify in a workers’ comp proceeding
  4. Assist another employee with their workers’ comp claim
  5. Inquire about or discuss filing a workers’ comp claim
  6. Exercise any right granted by the Texas Workers’ Compensation Act

Important: You don’t need to actually file a claim to be protected. Simply asking about workers’ comp, discussing whether you should file, or helping a coworker with their claim is protected activity.

Who Is Covered

Texas Labor Code § 451 protects:

  • All employees at companies that carry workers’ compensation insurance
  • All employees at companies that opt out of the workers’ comp system (non-subscribers)
  • Part-time and full-time workers
  • Employees in all industries (construction, retail, healthcare, manufacturing, etc.)

Unlike the Texas Whistleblower Act (which only covers public employees), this law protects private sector workers across Texas.

Common Forms of Workers’ Comp Retaliation

Employers retaliate against workers’ comp claimants in various ways, some obvious and some subtle.

Direct Retaliation

Termination: The most common form is firing an employee shortly after they file a workers’ comp claim or return from medical leave.

Example: Carlos injures his shoulder operating machinery at a Houston warehouse. He files a workers’ comp claim and takes medical leave for surgery. When he returns to work with a doctor’s note clearing him for light duty, his employer tells him his position has been eliminated and terminates him. This is likely retaliation.

Constructive Discharge

Constructive discharge happens when your employer makes working conditions so intolerable that you’re forced to quit.

Example: After filing a workers’ comp claim for a back injury, Maria’s employer:

  • Assigns her physically demanding tasks her doctor specifically said she cannot do
  • Ignores her requests for reasonable accommodation
  • Schedules her for shifts that conflict with her medical appointments
  • Creates a hostile environment by telling coworkers she’s “faking” her injury

Maria eventually resigns because the conditions are unbearable. This constructive discharge may constitute retaliation.

Subtle Forms of Retaliation

Demotion or Pay Reduction: Moving you to a lower-paying position or cutting your hours after you file a claim.

Denial of Benefits: Eliminating benefits you previously had, such as health insurance or bonuses.

Negative Performance Reviews: Suddenly receiving poor performance evaluations after years of good reviews, following your workers’ comp claim.

Exclusion from Opportunities: Being passed over for promotions, training, or desirable assignments you would have received before your claim.

Changed Working Conditions: Being transferred to a less desirable location, shift, or position.

Harassment or Hostility: Supervisors or coworkers making negative comments about your claim, calling you a “faker,” or creating a hostile work environment.

What Employers CANNOT Do

Under Texas Labor Code § 451.001, your employer cannot:

  • Fire you for filing a workers’ comp claim
  • Threaten to fire you if you file a claim
  • Discriminate against you in any way because you filed a claim
  • Refuse to hire you because you previously filed a claim at another job
  • Intimidate or coerce you to discourage you from filing
  • Blacklist you with other employers in the industry

Critical Point: Texas law specifically states that employers cannot retaliate “because the employee has in good faith filed a claim or hired a lawyer.” This means even if you haven’t been formally injured, discussing filing a claim with a lawyer is protected.

The “Good Faith” Requirement

To be protected under Texas Labor Code § 451, your workers’ comp claim must be filed “in good faith.” This means:

What “Good Faith” Means:

  • You genuinely believe you were injured at work
  • You’re not making up or exaggerating an injury
  • You’re not filing a fraudulent claim

What “Good Faith” Does NOT Mean:

  • Your claim doesn’t have to ultimately be approved
  • You don’t have to prove your injury was work-related (that’s what the workers’ comp system determines)
  • Your claim can be denied and you’re still protected from retaliation

Example: James slips on a wet floor at work and injures his knee. He files a workers’ comp claim believing it was work-related. The claim is later denied because the insurance company determines his knee injury was a pre-existing condition. Even though the claim was denied, James is still protected from retaliation because he filed in good faith.

Statute of Limitations: You Have 2 Years

One of the best features of Texas workers’ compensation retaliation claims is the generous statute of limitations: you have 2 years from the date of the retaliatory action to file a lawsuit.

This is significantly longer than:

  • Texas Whistleblower Act: 90 days (public employees)
  • TCHRA discrimination claims: 180 days to file with TWC
  • OSHA safety retaliation: 30 days
  • Federal EEOC claims: 300 days in Texas

When the Clock Starts:

  • For termination: The date you were fired
  • For demotion: The date your pay or title was reduced
  • For constructive discharge: The date you resigned
  • For ongoing harassment: Generally the date of the last retaliatory act

Important: Don’t wait until the deadline approaches. Evidence becomes harder to gather over time, witnesses’ memories fade, and employment records may be destroyed.

Learn more about Texas retaliation claim deadlines.

Damages You Can Recover

If you prove your employer retaliated against you for filing a workers’ comp claim, you can recover substantial damages:

Economic Damages (No Cap)

Lost Wages: All past wages from the date of retaliation until trial or settlement

Future Lost Wages: If you can’t return to your previous earning capacity

Lost Benefits: Value of health insurance, retirement contributions, bonuses, and other benefits

Job Search Costs: Expenses incurred looking for new employment

Example: If you earned $50,000 per year and were unemployed for 18 months after being fired, your lost wages could be $75,000, plus the value of lost benefits.

Non-Economic Damages (Potentially Capped)

Emotional Distress: Compensation for anxiety, depression, humiliation, and mental anguish caused by the retaliation

Loss of Reputation: Damage to your professional standing

Pain and Suffering: Physical and emotional harm

Note: Non-economic damages may be capped under Texas law depending on the circumstances of your case.

Punitive Damages (If Applicable)

In cases where the employer’s conduct was especially egregious, malicious, or fraudulent, courts can award punitive damages to punish the employer and deter similar conduct.

Attorney’s Fees and Court Costs

Texas Labor Code § 451.003 allows courts to award reasonable attorney’s fees and court costs to successful plaintiffs. This means you may not have to pay your lawyer out of your recovery.

Proving Workers’ Comp Retaliation

To win a workers’ comp retaliation case in Texas, you must prove:

  1. You filed or inquired about filing a workers’ comp claim (protected activity)
  2. Your employer took adverse action against you (termination, demotion, etc.)
  3. A causal connection exists between your claim and the adverse action

Strong Evidence Includes

Timing: The adverse action happened shortly after you filed your claim or discussed filing. Timing within days or weeks is very strong evidence.

Statements: Your supervisor or manager made comments like:

  • “You’re costing us too much with this claim”
  • “We don’t keep people around who file workers’ comp”
  • “You should have just toughed it out instead of filing”

Comparative Treatment: Other employees with similar performance or conduct issues weren’t fired, but you were after filing a claim.

Pretextual Reasons: Your employer claims you were fired for poor performance, but your recent reviews were good, or the stated reason doesn’t match company records.

Pattern of Retaliation: Other employees who filed workers’ comp claims were also terminated or punished.

For detailed guidance, see how to prove workplace retaliation in Texas.

What to Do If You Experience Retaliation

Immediate Steps

  1. Document Everything: Save emails, text messages, performance reviews, workers’ comp claim documents, and medical records

  2. Write Down Details: Create a timeline with dates, times, who was present, and what was said

  3. Gather Witnesses: Identify coworkers who witnessed retaliatory comments or actions

  4. Keep Medical Records: Maintain copies of all medical documentation related to your injury and treatment

  5. Save Your Workers’ Comp File: Keep copies of your claim forms, insurance correspondence, and benefit payments

Legal Options

File a Lawsuit: You can file a civil lawsuit directly in Texas state court under Labor Code § 451. You do not need to file with a government agency first.

Consult an Attorney: Workers’ comp retaliation cases can be complex. An employment attorney can evaluate your evidence, negotiate with your employer, and represent you in court if necessary.

Settlement Negotiations: Many cases settle before trial. Your attorney can negotiate a settlement that compensates you for lost wages, benefits, and emotional distress.

Common Employer Defenses

Employers accused of workers’ comp retaliation typically argue:

Legitimate Business Reason: “We fired her for poor performance, not because of her workers’ comp claim.”

Economic Necessity: “We eliminated her position due to budget cuts/restructuring.”

Independent Decision-Maker: “The person who decided to fire him didn’t know about his workers’ comp claim.”

Performance Documentation: “We have documentation of performance issues that predate the workers’ comp claim.”

Your job is to show these stated reasons are pretext for retaliation or don’t hold up under scrutiny.

Texas Is Not a “Right to Work” Defense

Employers sometimes incorrectly claim that because Texas is an “at-will” employment state, they can fire anyone for any reason. This is not true when it comes to retaliation.

At-Will Employment means employers can generally fire employees for any legal reason or no reason at all. However, employers cannot fire employees for illegal reasons, including:

  • Filing a workers’ comp claim
  • Reporting discrimination
  • Exercising legal rights
  • Whistleblowing on illegal activity

Texas Labor Code § 451 creates an exception to at-will employment. Even if you don’t have an employment contract, your employer cannot retaliate against you for filing a workers’ comp claim.

Related Topics

Frequently Asked Questions

Can my employer fire me while I’m on workers’ comp leave?

Not if the termination is because you filed a workers’ comp claim or are on medical leave. However, employers can terminate employees for legitimate, non-retaliatory reasons even during workers’ comp leave (such as company-wide layoffs affecting multiple positions). The key question is whether the real reason for termination was your workers’ comp claim.

What if my employer says my position was eliminated while I was on leave?

This may still be retaliation. Courts look at whether the position was genuinely eliminated (did someone else take over your duties?) and whether the timing suggests retaliation. If your position was “eliminated” but your tasks were simply reassigned to someone else, that suggests retaliation.

Do I need to file a claim with a government agency first?

No. Unlike discrimination claims (which typically require filing with the EEOC or TWC first), workers’ comp retaliation claims can be filed directly in Texas state court. You have 2 years from the date of the retaliatory action to file your lawsuit.

Can I be fired for filing a fraudulent workers’ comp claim?

Yes. If you file a fraudulent workers’ comp claim (making up an injury, exaggerating injuries, or lying about how an injury occurred), you are not protected by Texas Labor Code § 451. However, the burden is on your employer to prove fraud. Simply having your claim denied doesn’t mean it was fraudulent.

What if I filed a workers’ comp claim at a previous job—can a new employer refuse to hire me?

No. Texas Labor Code § 451.001 specifically prohibits employers from refusing to hire someone because they previously filed a workers’ comp claim. If you can prove you weren’t hired because of your prior claim, you may have a retaliation claim even against an employer you never worked for.

Legal Disclaimer: This article provides general information about workers’ compensation retaliation law in Texas and should not be construed as legal advice. Every case depends on specific facts and circumstances. If you believe you’ve experienced retaliation for filing a workers’ comp claim, consult with a qualified employment attorney who can evaluate your situation and advise you of your rights. You have 2 years from the date of retaliation to file a lawsuit, but evidence becomes harder to gather over time, so act promptly.

Last Updated: November 5, 2025