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Man alleges retaliation for filing a workers' compensation claim

There have been cases in the past that have involved employers firing their workers because they had filed workers' compensation claims. It is rare that this type of retaliation ends in physical violence. A man who worked outside of Texas alleges that his separation with his union ended in an assault after he was injured at work.

The plaintiff worked as a welder and, subsequently, joined the local union. In 2014, he claims that he suffered an injury to his knee while he was working. He claims that after he brought up the injury to his employer, he was encouraged not to put the accident on the record. The man claims that he couldn't go without seeking medical attention due to the pain and ended up filing the workers' compensation claim. His injury was so severe that he required surgery and was away from work for several months.

Several weeks after his return, the plaintiff was told that he had been placed on a no-hire list and was terminated. Feeling that he was fired unjustly, the man filed a grievance with the union. During the meeting to discuss his grievance, he claims that he was kicked out of the union, physically assaulted and fired.

The plaintiff believes that the true reason behind his termination was because he had filed the workers' compensation claims even though he had been asked to not file. He is seeking in a federal court to be awarded protection from future attacks as well as compensation for his injury and monetary damages for what he had suffered during his ordeal. Texas workers who are injured on the job are within their rights to file compensation claims, and those who are encouraged to refrain or otherwise suffer retaliation have the right to pursue claims against their employers.

Source: pennrecord.com, "Employee sues Enerfab, union claiming he was discharged and attacked", Carrie Bradon, Dec. 14, 2015

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