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Employment Discrimination
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Worker's Compensation Retaliation
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Most people are unaware that Texas has a law that specifically protects employees who are fired after they report an on the job injury. This statute, known as Section 451 of the Texas Labor Code, makes it illegal for an employer to either fire, or otherwise discriminate, against an employee who files a workers compensation claim in good faith. The protection is extended to cover employees who report an injury to their company and are fired before a workers compensation claim is ever filed. Employees who are wrongfully discharged for filing a workers compensation claim are eligible for compensation for their losses suffered. Texas employment lawyers often refer to this law prohibiting workers compensation retaliation as one of the easiest to prove in that the employee only has to show that the filing of the workers compensation claim or the reporting of an on the job injury was a reason (as opposed to the only reason) for the wrongful termination. Because Section 451 is a workers compensation retaliation statute, only employees who work for an employer that subscribes to workers compensation coverage will be protected from discrimination.