Can You Be Fired for Reporting a Work Injury in Texas?

Undefeated Texas Work Injury Lawyers

If you were injured at work in Texas, the law is clear: your employer cannot fire you for reporting your injury, seeking medical care, or notifying local authorities or the Occupational Safety and Health Administration (OSHA). Retaliation and wrongful termination are illegal.

But what happens after a serious work accident is rarely that straightforward.

Losing your job doesn’t always happen immediately—or for obvious reasons. Employers know they can’t legally terminate you for reporting an injury, but that doesn’t stop some from looking for other ways to avoid responsibility or shift the blame, including retaliating against you under the guise of “legitimate” business decisions.

At Zehl & Associates, we have a long history of standing up for injured workers and protecting their futures. Having recovered Billions for clients, including record-setting verdicts and settlements against the most powerful petrochemical, oil and gas, and trucking companies in the world, we know exactly what it takes to hold corporations fully accountable when they break Texas law.  

Read on to learn about work injury termination and retaliation, what evidence injured workers should preserve, and how our undefeated Work Injury Lawyers can help.

Can I Be Fired After Getting Hurt at Work in Texas? 

You can be fired after getting hurt at work in Texas. But you cannot be fired because you reported the injury, sought medical care, or asserted your safety rights — that is illegal and considered unlawful retaliation in the Lone Star State.

If you were forced to quit, denied reinstatement, or believe you were wrongfully terminated after a work injury, it’s critical to act quickly. Get in touch with an experienced work injury lawyer right away to learn your legal rights and options before time is up to hold the company accountable.

Under state and federal law, you generally have 30 days from the retaliatory action to file a complaint with OSHA or the Texas Division of Workers’ Compensation, and 180 days to 2 years to file a lawsuit, depending on the type of claim.

What Are Common Reasons Employers Give for Termination After an Injury?

After a work-related injury, employers may offer reasons for firing that seem legitimate on the surface, but often just mask unlawful retaliation. These are just a few reasons you might hear that suggest your termination was improper:

• Role elimination
• Poor performance unrelated to the injury
• Alleged policy violations
• Lengthy absences due to the injury
• Budget cuts or layoffs
• Company restructuring

Even when employers claim the firing was for performance issues, our independent investigations almost always uncover that retaliation laws were violated.

What Workplace Retaliation Looks Like After an Injury

In our experience, companies often rely on subtle, blame-shifting tactics to protect their bottom line after a workplace incident — while pointing to the “legal” reasons listed above to justify their actions.

But retaliation is often embedded in corporate culture, showing up as consistently as corner-cutting or unsafe working conditions, and can be just as damaging to workers who speak up.

Common signs of workplace retaliation:

• Discouraging legal action: Pressuring you not to speak with a lawyer, warning you against “making a claim,” or suggesting you could lose your job or benefits if you pursue legal action
• Negative performance reviews: Issuing sudden verbal or written warnings about your performance after you report an injury
• Demotion or job reassignment: Assigning tasks that are impossible to complete post-injury, leading to demotion, reassignment, or termination
• Reduction in hours or pay: Cutting your hours or wages under the guise of reduced performance or business needs
• Harassment: Repeatedly targeting you about your injury or limitations, creating a hostile or intimidating work environment
• Refusing to let you return to work: Ignoring medical clearance and preventing you from returning without a valid reason
• Forcing you to quit: Creating intolerable working conditions that pressure you into resigning
• Wrongful termination: Firing you in violation of state or federal law, including for reporting an injury, filing an OSHA complaint, or due to a disability resulting from your injury
• Blacklisting: Interfering with your ability to obtain future employment

Employers know how difficult it can be to prove retaliation, and they’re counting on you being too overwhelmed to push back. If you’re experiencing any of these warning signs, it’s critical to contact an experienced work injury attorney as soon as possible to protect your rights.

Texas Law Protects Workers from Retaliation & Termination 

Texas is an “at-will” employment state, meaning employers can terminate employees for almost any reason or no reason at all. But there are important exceptions.

Under both federal law and Texas regulations, workers have legal protections when reporting injuries or exercising workplace rights.

1. You Cannot Be Fired for Reporting a Work Injury

Workers in Texas have a right to a safe workplace under federal law, and OSHA regulations specifically protect employees from retaliation for reporting work-related injuries or unsafe conditions. This means you cannot be punished by your employer for:

• Reporting your injury to your employer, OSHA, or local authorities
• Seeking medical treatment for your injury

Taking these steps not only ensures unsafe conditions are addressed but also preserves your right to pursue benefits, workers’ compensation, and potential future claims. 

Under OSHA’s anti-retaliation protections, Section 11(c) of the Occupational Safety and Health Act, 29 U.S.C. § 660(c), employers are prohibited from discriminating against workers who report injuries, participate in safety investigations, or exercise any other workplace safety rights. Employees who face retaliation can file a complaint with OSHA within 30 days of the incident.

OSHA claims are just one avenue to fight back against retaliation. Injured workers in Texas may also pursue additional legal options, including filing a work injury lawsuit to hold their employer fully accountable and seek full compensation for lost wages, damages, or other harm. An experienced attorney can leverage any OSHA findings as supporting evidence, strengthening your case and maximizing your recovery.

2. You Cannot Be Fired for Filing a Workers’ Compensation Claim

If your employer carries workers’ compensation insurance, Texas Labor Code § 451.001 prohibits retaliation for filing a claim in good faith. Even if you cannot sue your employer directly, you cannot be punished for seeking the benefits you’re entitled to.

3. You Cannot Be Fired for Retaining an Attorney

Texas law also protects employees who hire a lawyer to represent them. Simply consulting or retaining an attorney cannot be used as a reason for termination, demotion, or other adverse employment action.

Reporting Your Injury Protects Your Rights

Whether your employer carries workers’ compensation or not, reporting your injury is one of the most important steps you can take. Doing so:

• Establishes a documented record of your injury, which can become critical evidence if you pursue a lawsuit.
• Alerts regulators like OSHA, which can investigate serious accidents, issue citations, and publicly document unsafe behavior — holding the company accountable.

Non-subscriber employers — those who do not carry workers’ compensation insurance — sometimes engage in especially egregious behavior, such as discouraging employees from reporting injuries to protect themselves. 

These actions are illegal and put every worker at risk. Hiring an attorney early ensures your case is fully evaluated, that you understand your rights, and that you have the opportunity to hold the company accountable.

Filing a Lawsuit Is The Only Way to Hold The Company Fully Accountable 

Unless you protect yourself, you can expect the company, its insurers, and their team of lawyers to do everything possible to deny responsibility and force you back to work before you’ve fully recovered — all while limiting you to workers’ compensation benefits, which provide only a small fraction of what you’d be able to recover in a work injury lawsuit. 

Many workers believe they are limited to workers’ comp, but that isn’t always the case. An injured worker’s best option is often to hire a Work Injury Lawyer and file a lawsuit directly against their employer and any other third parties or individuals that contributed to or caused the worker’s injuries and losses.

No matter what your employer has told you or promised, it’s important to contact a legal team as soon as possible, especially if you believe you were retaliated against or wrongfully terminated after a work injury.  Our work injury lawyers will make sure you understand all of your legal options and the best path forward.

Every case is different, but our goal is always the same: protect your rights, hold negligent companies fully accountable, and recover the maximum compensation you deserve.

Call (888) 603-3636 for a free consultation. 

What To Do if You Were Fired After a Work Injury

Being fired after reporting a workplace injury isn’t just unfair — it puts your family’s future at risk. Knowing the right steps to take immediately can protect your legal rights and help you hold your employer fully accountable for retaliation.

Document Everything

 If you’ve been injured and then let go, documentation can make or break your case. Keep records of your injury, your termination, and every interaction with your employer, including:

• Emails
• Text messages
• Incident reports
• Write-ups 
• Notes from conversations

If your job duties suddenly changed, your hours were cut, or you were disciplined after reporting your injury, document that too. These details can reveal patterns indicative of retaliation.

Gather Witness Statements

Coworkers often see more than they realize. If anyone witnessed your injury, heard supervisors make comments about it, or saw how your employer treated you afterward, their statements can be powerful evidence. Retaliation isn’t always obvious on paper—but witness accounts can help connect the dots and show what was really going on behind the scenes.

Stay Off Social Media

After a work injury, what you post online can be taken out of context and used against you. Insurance companies and employers actively monitor social media accounts looking for anything they can use to dispute your injuries or credibility. Even a seemingly harmless photo or comment can be twisted to suggest you’re not as injured as you claim. The safest approach is to avoid posting altogether until your case is resolved.

Consult an Attorney

In our experience, injured workers are frequently pressured, especially after a termination or other retaliatory action, to sign documents that can seriously impact their ability to recover compensation, including:

• Severance or separation agreements that require you to waive your right to sue in exchange for a small payout
• Liability waivers or releases that prevent you from pursuing a claim related to your injury
• “Light duty” or return-to-work forms that misrepresent your medical condition or ability to work
• Written statements that shift blame onto you or downplay the severity of the incident
• Early settlement agreements offered before the full extent of your injuries and long-term costs are known

You may also be asked to give a recorded statement or sign internal reports that can later be used against you if a dispute arises.

An experienced attorney can step in early to protect you from these tactics, determine whether your termination was unlawful, and fight to recover the full compensation you deserve.

Undefeated Work Injury Lawyers: (888) 603-3636 for a Free Consult

With Billions won and decades of experience, our Texas Work Injury Lawyers don’t just win against the largest industrial corporations in the world — we set records. Our recent victories for injured Texas workers include the #1 Largest Burn Injury Settlement in U.S. History and the #1 Largest Workplace Electrocution Settlement in Texas. We’ll fight just as hard for you.

If you or a loved one were seriously injured in a work-related accident, call us for a free consultation at 888-603-3636 or send us a confidential email via our contact us page.

We’ll answer your questions, explain your rights, and provide you with all the information you need to make the best decision for you and your family.

All consultations are free, and you won’t pay us a dime unless we win your case.

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