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South San Antonio Workers’ Compensation Retaliation Lawyers

Over 25 years standing up for workers punished for exercising their legal rights across South Texas. Free consultation — you don’t pay unless we win.

Call Our South San Antonio Workers’ Compensation Retaliation Attorneys

Contact us today for a free, professional case evaluation. If you were fired, demoted, or punished for filing a workers’ compensation claim, Texas law is on your side — with offices in San Antonio and McAllen serving all of South Texas.

Fill out the form or call us directly at 210-732-1062.

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TEXAS LABOR CODE §451

Punished for Filing a Workers’ Comp Claim? That’s Illegal

Texas law makes it illegal for an employer to fire, discipline, demote, or otherwise discriminate against an employee for filing a workers’ compensation claim in good faith, hiring a lawyer, or testifying in a workers’ comp proceeding.

J.A. Davis & Associates, LLP holds employers accountable when they retaliate against injured workers — securing lost wages, reinstatement, and in serious cases, exemplary damages.

Retaliated Against? We Move Fast to Build Your Case

Retaliation claims depend on timing and documentation. We move quickly to preserve the evidence connecting your protected activity to your employer’s adverse action.

  • Your workers’ comp claim filing date and records
  • Performance reviews before and after your injury
  • Termination or disciplinary notices
  • Written or text communications from supervisors
  • Witness statements from coworkers
  • Company policies on injury reporting
  • Comparisons to how other employees were treated
  • Timeline connecting your claim to the retaliation

RETALIATORY CONDUCT

Forms of Retaliation We See

Wrongful Termination

Being fired shortly after filing a claim.

Demotion or Pay Cuts

Losing pay, title, or responsibilities after an injury.

Reduced Hours

Fewer shifts or hours as a form of punishment.

Unwarranted Discipline

Write-ups and warnings that appear retaliatory.

Hostile Work Environment

Harassment or pressure after reporting an injury.

Denial of Promotion

Being passed over after exercising your rights.

Negative References

Damaging future job prospects out of spite.

Failure to Accommodate

Refusing a reasonable return-to-work plan.

PROVING YOUR CLAIM

Common Signs of Workers’ Comp Retaliation We Investigate

Employers rarely admit retaliation outright — the connection often has to be proven through timing, inconsistent explanations, and how you were treated compared to others. We build that case.

  • Adverse action shortly after filing a claim
  • Shifting or inconsistent reasons for discipline
  • Sudden negative performance reviews
  • Pressure to drop or not file a claim
  • Different treatment than other injured employees
  • Comments discouraging you from seeking medical care
  • Retaliation against coworkers who supported you

Workers’ Comp Retaliation Under Texas Law

§451.001
Texas Labor Code Section Protecting Injured Workers
2 Years
Statute of Limitations for a Retaliation Claim
$0
Upfront Cost to Hire Our Firm

Compensation for Workers’ Comp Retaliation: What Can You Expect?

Economic Damages

  • Back pay and lost wages
  • Lost benefits and bonuses
  • Front pay if reinstatement isn’t practical
  • Job search and retraining costs

Reinstatement & Equitable Relief

  • Reinstatement to your former position
  • Removal of disciplinary records
  • Court orders to stop retaliatory conduct
  • Restoration of seniority and benefits

Exemplary Damages

  • Available when retaliation is malicious or in bad faith
  • Additional damages to punish the employer
  • Deterrence against future retaliation
  • Attorney’s fees in qualifying cases

WHY CHOOSE US

Decades of Experience Standing Up to Retaliatory Employers

Employers count on injured workers being afraid to fight back. We know how to prove retaliation claims and hold companies accountable — from the first demand letter through trial verdict.

South Texas Workers’ Compensation Retaliation FAQ

No — Texas Labor Code §451 makes it illegal to terminate, discipline, or discriminate against an employee for filing a good-faith claim.

If the real motive was retaliation, the stated reason may be pretextual — we investigate the timing and circumstances closely.

Texas law generally allows two years from the date of the retaliatory action to file suit.

Reinstatement is one possible remedy, along with back pay and other damages, depending on your case.

You may still have a claim for ongoing retaliation, and we can advise you on protecting your position while pursuing it.

Retaliation protections apply broadly, but the details of your claim depend on your employer’s status — we can review your specific situation.