I Got Hurt at Work, and They Fired Me

Getting hurt while working is difficult enough without fearing losing your job. I got hurt at work, and they fired me, which is a situation that raises serious concerns under Texas law. 

At The Law Offices of Aaron Allison, we recognize how overwhelming this can feel. While it isn’t always unlawful to be terminated after an on-the-job injury, firing someone because they were injured or filed a workers’ compensation claim is considered illegal retaliation and could lead to a wrongful termination lawsuit.

What Does At-Will Employment Mean in Texas?

Texas follows the rule of at-will employment. This means an employer can let go of an employee at any time, with or without cause, as long as the reason isn’t illegal. While this gives employers significant flexibility, it doesn’t mean they can fire someone for protected reasons, such as retaliation for filing a workers’ comp claim.

Injured at Work Then Fired: What to Do Next?

The first reaction is often panic, but it’s important not to assume the worst. There are several steps to assess whether your termination was lawful. Keep records, ask questions, and be cautious about signing anything your employer gives you. When someone says, I got hurt at work and they fired me, the next step is understanding whether that firing was lawful or retaliatory.

What Are the Exceptions to At-Will Employment in Texas?

Although Texas law follows the at-will employment doctrine, allowing most employers to terminate employees for any reason or no reason at all, there are key exceptions. As outlined by the Texas Workforce Commission, an employer may not terminate an employee for a reason that violates a statute or an express employment agreement. 

Retaliation for Workers’ Compensation Claims

Under Texas Labor Code § 451.001, it is unlawful for an employer to discharge or otherwise discriminate against an employee for filing a workers’ compensation claim in good faith, hiring an attorney for that claim, or initiating a workers’ compensation proceeding. This statute protects employees from retaliation when they assert their rights under the Texas workers’ compensation system. 

Other Protected Activities

Employees are also protected when they take other legal actions related to their injury, such as hiring a lawyer or cooperating with a formal investigation. These are lawful steps that an employer cannot use as a legal reason to terminate someone.

Discrimination

Terminating someone because of their race, gender, religion, national origin, or a qualifying disability, including some work-related injuries, can constitute illegal discrimination. 

“Workers’ compensation cases aren’t just about benefits—they’re about holding employers accountable for workplace safety.”

Aaron Allison, Attorney

Founding Attorney

What to Do If You Were Fired After a Work Injury

1. Review Your Termination

Examine how your employer explained your termination. Did they provide a reason? Was the decision made soon after your injury or claim? These details matter in determining whether the firing was retaliatory.

2. Gather Evidence

Collect emails, performance reviews, witness accounts, or anything else that points to your termination being tied to your injury. These documents can become essential if you pursue a legal claim.

3. Consult with an Attorney

Talking to a Texas workers’ compensation or employment attorney can help you understand your choices. They can help determine whether your case involves retaliation, wrongful termination, or a separate employment law issue.

Important Considerations

Not every Texas employer is required to carry workers’ compensation insurance. If your employer chose not to provide coverage, you may be allowed to file a negligence claim instead. It’s also worth noting that not every firing is illegal. If your employer let you go due to legitimate performance issues unrelated to your injury, it may not be wrongful termination.

Understanding the reason behind the firing is key, especially in Texas, where job separation rules can be complex. For some, realizing I got hurt at work and they fired me may come after they’ve already lost critical time or rights. Always look at the full context before forming a judgment.

What Are My Rights?

Workers in Texas have the right to report injuries, file workers’ compensation claims, and seek legal representation without fear of being fired. You’re also entitled to a safe workplace and freedom from retaliation or discrimination. You may be eligible for compensation, reinstatement, or other legal remedies if your rights have been violated.

Talk to The Law Offices of Aaron Allison Today

You don’t have to accept being fired after an injury without asking serious questions. I got hurt at work and they fired me. It’s more than a frustrating statement; it could signal a violation of your rights. At The Law Offices of Aaron Allison we have guided people through similar situations to find clarity, accountability, and the support they needed. Contact us at 512-886-8434 now to discuss your case and learn what steps might come next.

Aron Allison, Attorney

For 50 years, my father, served as a trial lawyer to get just compensation for the people of Austin. At age 14, I began to take up the mantle to continue my father’s practice as a second generation trial lawyer serving Austin’s community. The strength of his legacy continues through its commitments to a communal presence, honoring that each case is as unique as the individual pursuing compensation.

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Check Out More Helpful Articles

• When to Hire a Workers’ Comp Lawyer
• How Long Does an Employee Have to Report an Injury?
• Can My Employer Refuse to Let Me Return to Work After Injury?