Chapter 9
WORKERS' COMPENSATION RETALIATION
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Summary
- Chapter 451 can protect employees who have not formally filed a claim for workers' compensation.
- A violation of Chapter 451 can be established by circumstantial evidence.
- The presence of a collective bargaining agreement will not generally insulate an employer from liability under Chapter 451.
- Plaintiffs must mitigate their damages.
- Plaintiffs have been allowed to recover damages for lost wages, future lost wages, mental anguish, punitive (exemplary) damages, court costs, and reinstatement under Chapter 451.
- Attorney's fees are not recoverable under Chapter 451.