Doyle Dennis Avery LLP recently filed a suit against S & B Engineers and Constructions, LTD., and The Lubrizol Corporation. Doyle Dennis Avery LLP’s client was jointly employed by S&B and Lubrizol. According to the lawsuit, on or about January 9, 2023, a chlorine tank owned and/or operated by Lubrizol exploded near Doyle Dennis Avery LLP’s client as a result of a disc rupturing in the tank, exposing Doyle Dennis Avery LLP’s client to hazardous chemicals released from the tank after it exploded. The client alleges that as a result of the tank explosion, he suffered serious physical injuries to the head, face, and body generally. The client also alleges that he also experienced an inability to breathe and a serious headache, and liquid coming out of his nose, mouth, and ears.

According to the lawsuit, after the incident, Doyle Dennis Avery LLP’s client reported the injuries to S&B, however, in response Doyle Dennis Avery LLP’s client’s reports, the defendants allegedly began to take discriminatory actions against Doyle Dennis Avery LLP’s client, leading to Doyle Dennis Avery LLP’s client being wrongfully fired less than three weeks after the explosion. The lawsuit alleges that this suit is necessitated by the defendants’ discriminatory misconduct and retaliatory discharge of Doyle Dennis Avery LLP’s client for seeking worker’s compensation benefits and/or instituting a proceeding or causing to be instituting a proceeding under the Texas Worker’s Compensation Act, including reporting that he suffered an on-the-job injury to his employer under Texas Labor Code 409.001. The lawsuit alleges that the defendants knew of Doyle Dennis Avery LLP’s client’s compensable on-the-job injury. Indeed, according to Doyle Dennis Avery LLP’s client, S&B completed a Texas Workers’ Compensation Work Status Report. After Doyle Dennis Avery LLP’s client reported his on-the-job injury, the defendants allegedly fabricated various pretextual grounds for wrongfully and maliciously firing Doyle Dennis Avery LLP’s client as a result of his on-the-job injury and resulting claim for lawful benefits.

Employers should not (and may not) fire or otherwise discriminate against employees such as Doyle Dennis Avery LLP’s client after their employee suffered an injury on the job and pursued protected activity under Labor Code Section 451.001. Texas law, including Texas Labor Code Section 451.001, provides a cause of action for discriminatory misconduct and retaliation against a worker injured on the job. Doyle Dennis Avery LLP’s client is entitled to actual damages, punitive damages, and mental anguish, pain and suffering, exemplary damages, and other penalties provided by law, resulting from the defendants’ violations of the law. Doyle Dennis Avery LLP’s client seeks damages within the jurisdictional limits of this court. Doyle Dennis Avery LLP is proud to represent employees who were wrongfully terminated by their employer.

If you have experienced discrimination or retaliation due to becoming injured on-the-job, call us for a free evaluation of your potential legal claim.