Subtitle B. Discrimination Issues

Chapter 451

Discrimination Prohibited

Sec. 451.001. Discrimination Against Employees Prohibited. A person may not discharge or in any other manner discriminate against an employee because the employee has:

• (1) filed a workers' compensation claim in good faith; (2) hired a lawyer to represent the employee in a claim; (3) instituted or caused to be instituted in good faith a proceeding under Subtitle A; or (4) testified or is about to testify in a proceeding under Subtitle A. (V.A.C.S. Art. 8307c, Sec. 1.)

Sec. 451.002. Remedies: Burden of Proof. (a) A person who violates Section 451.001 is liable for reasonable damages incurred by the employee as a result of the violation. (b) An employee discharged in violation of Section 451.001 is entitled to reinstatement in the former position of employment. (c) The burden of proof in a proceeding under this section is on the employee. (V.A.C.S. Art. 8307c, Sec. 2.)

Sec. 451.003. Injunction. A district court may restrain, for cause shown, a violation of Section 451.001. (V.A.C.S. Art. 8307c, Sec. 3).

A Medical Provider On Your Side

One of the most important services the Bailey & Galyen Workers Compensation Department will provide for you during your workers compensation claim will be to help you obtain adequate medical treatment by helping you choose a doctor. Your case demands a doctor that will have your medical improvement and health as his ultimate goal. In fact, your ability to return to work, the amount of benefits your will receive, and your overall future will depend in great part on how your doctor treats you and manages your work injuries.

Every injured worker in Texas has the right to be treated by a doctor of his/hers own choosing. This is an important choice for the injured worker. Choosing your “Treating Physician” correctly will help you avoid costly mistakes during the duration of your workers compensation claim. Bailey & Galyen has a wealth of knowledge about physicians who treat injured workers which will benefit you in making this very important decision. Bailey and Galyen can help you choose the correct doctor for your particular work injury. In turn your doctor will help you by correctly making decisions regarding your medical treatment, medical testing, referrals, prescriptions, work ability and restrictions, surgical necessity, impairment rating, and the extent of your injury.

DO NOT MAKE THE MISTAKE OF CHOOSING A DOCTOR THAT DOES NOT TREAT INJURED WORKERS ON A REGUALR BASIS. YOUR DOCTOR SHOULD HAVE CONSIDERABLE WORKERS COMPENSATION EXPERIENCE. YOUR DOCTOR AND STAFF WILL BE RESPONSIBLE FOR PROVIDING WORK RESTRICTIONS, GETTING PREAUTHORIZATION FOR TESTING AND TREATMENT, AND DETERMINING THE EXTENT OF YOUR IMPAIRMENT. ALL THESE ISSUES NEED TO BE REPORTED IN APPROPRATE FORMS AND IN A TIMELY MANNER. DO NOT LEAVE YOUR MEDICAL TREATMENT IN THE HANDS OF A DOCTOR INEXPERIENCED AND UNAWARE OF ALL APPLICABLE TEXAS WORKERS COMPENSATION REQUIREMENTS.

Call our nearest office for prompt HELP:

Arlington: Ph 817.855.5545 : 800.215.8795 | Bedford: Ph 817.855.5545
Brownsville: Ph 800.215.8795 | Dallas: Ph 214.247.5004 : 800.215.8795
Ft. Worth: Ph 817.855.5545 | Grand Prairie: Ph 972.993-3186 : 800.215.8795
Harlingen: Ph 956.949.1080 | Houston: Ph 832.308.3476 : 800.215.8795
Irving: Ph 972.993.3186 | McAllen: Ph : 956.949.1080 | Mesquite: Ph 972.993.3186
Weatherford: Ph 817.855.5545

Have You Been Injured? Personal injury lawsuits are complicated and expensive to mount and that is why we take all cases on contingency, meaning there is never a fee until we recover a settlement in your favor. If you've been injured, CONTACT Bailey & Galyen today for a FREE consultation and peace of mind from one of our Personal Injury trial attorneys.