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Employee Sues For Workers' Compensation Retaliation

Under federal law, all employees have rights when it comes to workplace safety. Injured employees are usually able to receive workers' compensation insurance, no matter who was at fault for the work-related injury.

Ultimate Conroe reports that a former employee of Anderson Pollution Control recently filed a lawsuit against the company, alleging workers' compensation retaliation. Employee James Howes claimed that he sustained severe head and neck injuries while working at a plant in Pasadena and that he was told by his employer not to file a workers' compensation claim.

According to the report based on the complaint, the defendant told Howes that hospital bills would instead be paid privately by Anderson Pollution Control. When Howes informed his supervisors that his injuries required further treatment, he claims that he was threatened with job loss in front of co-workers and customers. The lawsuit, which was filed on May 9 in Harris County District Court, states that Howes was eventually wrongfully terminated from his position at Anderson Pollution Control after he had endured humiliation and harassment.

The plaintiff in this case is being represented by a Houston attorney and is seeking damages along with court costs. FindLaw states that if an employee believes that he or she was discharged for exercising rights under workers’ compensation laws, the employee can then file a claim against the employer. In such a case, the plaintiff must convince a judge or jury that it was more likely than not that he or she was wrongfully terminated. The employee does not have to prove that the workers’ compensation claim is the sole reason for the discharge.

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