Worker's compensation retaliation

In April, 2000, I offered to resign when I noticed that my boss was not treating me right. Once I turned in my resignation, the manager over my boss call three us to a meeting after three days. I was informed that an unsigned email resignation was not acceptable and was given the right forms to complete if indeed I wanted to resign. I was told to reconsider my resignation and give it a thought, that I had until the fifteenth of August 2000 to resign since the last day for my 99/01 contract was August 31, 2000. After reviewing the forms I postpone my resignation till further notice. Around May 16, 2000, I was injured on the job. Three days after reporting the incident to my boss, he failed to report the injury according to company policy. I went straight to his boss and reported the injury. His boss immediately reported the incident using the proper documentation. She later went ahead and accepted my email resignation which she had earlier refused to accept. Do I have a claim of retaliation for filling a worker's comp. claim? I will like to consult with an Attorney in my area.

2 answers  |  asked Sep 8, 2001 6:37 PM [EST]  |  applies to Texas

Answers (2)

Ken Molberg
Workers' Compensation Retaliation

You may very well have a claim, based upon the limited
facts with which I have been presented. Section 451.001 of
the Texas Labor Code prohibits retaliation against those
who have made a claim for worker's compensation. Specifically,
the law prevents an employer from discriminating against one who
has filed a claim, hired a lawyer, instituted a proceeding
under the workers' compensation act, or testified or may testify in
such a proceeding.

It appears that you fall into the category of one who has instituted
a proceeding, in that notice to the employer is the triggering event
in the workers' compensation claims process.

posted by Ken Molberg  |  Sep 8, 2001 7:21 PM [EST]
Ken Molberg
Workers' Compensation Retaliation

You may very well have a claim, based upon the limited
facts with which I have been presented. Section 451.001 of
the Texas Labor Code prohibits retaliation against those
who have made a claim for worker's compensation. Specifically,
the law prevents an employer from discriminating against one who
has filed a claim, hired a lawyer, instituted a proceeding
under the workers' compensation act, or testified or may testify in
such a proceeding.

It appears that you fall into the category of one who has instituted
a proceeding, in that notice to the employer is the triggering event
in the workers' compensation claims process.

posted by Ken Molberg  |  Sep 8, 2001 7:20 PM [EST]

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