Should I consult an attorney if I was demoted due to a workplace injury?

UPDATED: Sep 30, 2022

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Should I consult an attorney if I was demoted due to a workplace injury?

I recently had a work place injury, a tool box landed on my foot and I have been placed on light duty and required to do physical therapy. My supervisor is not happy with the physical therapy and told me if it starts feeling better to cancel all other PT sessions. A week later I have now been demoted from my supervisor position. Is this something I should sit and discuss with an attorney as I feel discriminated against due to my current injury?

Asked on February 19, 2016 under Employment Labor Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The timing of the demotion is certainly suspect considering that you recently had an injury.  You should visit with an attorney that regularly handles worker's comp retaliation claims.  There are caps on worker's comp claims, but not on retaliation claims.  You can try to file a complaint on your own, but if you do not follow the administrative procedures correctly, then you could accidentally forfeit your retaliation claim.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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