Texas, like many states, makes it illegal to retaliate against employees who file workers’ compensation claims. To avoid such a lawsuit, make sure managers and supervisors treat injured workers fairly by:
- Not commenting in a negative manner on a claim or an injury. Especially do not insinuate that an employee is faking or exaggerating an injury.
- Applying all company policies equally to injured and other employees.
- Making sure any post-injury discipline is unrelated to the workers’ comp claim by comparing the type and degree of discipline levied against other employees for the same or similar transgressions.
Recent case: Blaise Nzeda, a black male from Cameroon, was hurt while working for Shell Oil. He filed a workers’ comp claim. He was fired shortly thereafter for allegedly misusing a company-issued cell phone.
Nzeda sued under the Texas Labor Code, claiming his discharge was retaliation. Nzeda said Shell cited his cell phone usage as an excuse for getting rid of him because he had filed the workers’ comp claim.
Shell shot back with proof that it applied the phone-use standards to all employees. Plus, there was no evidence that anyone at Shell criticized Nzeda because he was injured on the job, nor did the company use his workers’ comp claim as a factor in the discharge.
The 5th Circuit Court of Appeals dismissed the case. (Nzeda v. Shell Oil Company, No. 06-20718, 5th Cir., 2007)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/2954/use-workers-compensation-policy-checklist-to-avoid-retaliation-lawsuits "
- Training classes and travel time
- E-Verify again an eligibility verification option for Illinois employers
- Employees may choose just one: Either workers' comp or retaliation lawsuit
- Health insurer pays $1.8 million to settle sex harassment suit
- Are we allowed to do anything that limits political expression at work?