Doyle Dennis Avery LLP vs. Austin Industrial Services, LP: Worker Fired After Chemical Burns and Workers’ Compensation Claim
Doyle Dennis Avery LLP vs. Austin Industrial Services, LP
Doyle Dennis Avery LLP vs. Austin Industrial Services: Workers' Compensation Retaliation
Getting injured at work is traumatic enough. Being fired for reporting that injury and seeking medical treatment adds insult to serious injury.
That's exactly what happened to our client, who worked for Austin Industrial Services, LP at the Covestro chemical plant in Baytown, Texas. In April 2025, our client suffered painful chemical burns from HDI exposure while performing job duties. The client immediately reported the injury, sought medical treatment, and filed a workers' compensation claim as required by company procedure.
Instead of support, our client faced hostility from supervisors who discouraged seeking medical care. Instead of concern, management told the client not to "turn something small into something big." Instead of workers' compensation benefits, our client received a termination notice—just nine days after the injury.
Doyle Dennis Avery LLP has filed a lawsuit in Harris County, Texas, on behalf of our client against Austin Industrial Services, LP. The petition details the company's unlawful retaliation and wrongful termination after the client reported a workplace chemical injury and sought medical treatment and workers' compensation benefits.
Texas law is clear: employers cannot fire workers for reporting injuries or filing workers' compensation claims.
The Incident: Chemical Burns at a Baytown Industrial Facility
Our client worked for Austin Industrial Services, LP, a contractor providing industrial services at the Covestro chemical plant in Baytown, Texas. Chemical plants are inherently dangerous workplaces where employees face daily exposure to hazardous materials and toxic chemicals.
In April 2025, while performing assigned job duties, our client was exposed to HDI chemicals (Hexamethylene Diisocyanate)—a highly reactive chemical compound used in industrial coatings and polyurethane production. Exposure to HDI can cause severe skin burns, respiratory damage, allergic reactions, and long-term health effects including chronic respiratory conditions.
Despite OSHA requirements for strict safety protocols, our client was exposed to HDI and suffered painful chemical burns.
Immediate Reporting and Medical Treatment
Our client did everything right. Immediately after the exposure, the client reported the injury to supervisors and safety personnel at the worksite—exactly what workplace safety protocols require.
Two days later, our client sought medical treatment through the company's designated physician. The company doctor examined our client and documented the chemical burn injury. Austin Industrial then filed a workers' compensation claim with their insurance carrier, as required by Texas law.
Unfortunately, our client's condition worsened. The chemical burns became infected and caused increasing pain. Our client went to the emergency room for further evaluation and treatment. Emergency room physicians assessed the severity of the injury and ordered our client off work to allow for proper healing.
A physician had now officially taken our client out of work due to the workplace injury.
The Retaliation: Hostility, Discouragement, and Termination
Rather than supporting their injured worker, Austin Industrial's response was hostile, dismissive, and ultimately retaliatory.
Supervisors Express Hostility
After our client sought medical treatment and filed for workers' compensation benefits, supervisors at Austin Industrial began expressing open hostility. Management made clear they were unhappy that our client had sought emergency room treatment, been placed off work by a physician, and requested workers' compensation claim information.
In a shocking display of callousness, a corporate supervisor told our client: "You don't need to turn something small into something big."
This statement reveals:
- Minimizing a Serious Injury: Chemical burns from HDI exposure are not "something small"—they are serious injuries that can cause permanent damage
- Discouraging Medical Care: The statement was designed to discourage necessary medical treatment
- Intimidation: Sending a message to stop pursuing the claim or face consequences
- Illegal Pressure: Texas law prohibits employers from discouraging workers' compensation claims
Abrupt Termination Nine Days After Injury
On April 2025—just nine days after the chemical burn injury and only days after a physician ordered our client off work—Austin Industrial Services, LP abruptly terminated our client's employment.
The superintendent claimed the company "did not need him anymore."
This explanation is transparently false. Consider the facts:
- Timing: Termination came days after being medically ordered off work
- No Prior Performance Issues: No documented problems before the injury
- Sudden "No Longer Needed" Claim: Right after exercising workers' compensation rights
- Pattern of Hostility: Following supervisor hostility toward medical care
Our client was fired for reporting a workplace injury and filing a workers' compensation claim.
Texas Law Protects Injured Workers From Retaliation
Texas Labor Code § 451.001 provides powerful protections for workers injured on the job. This statute makes it illegal for employers to discriminate against or retaliate against employees who:
- File a workers' compensation claim
- Institute or cause to be instituted a workers' compensation proceeding
- Hire a lawyer to represent them in pursuing their claim
- Testify in a workers' compensation proceeding
What Constitutes Retaliation?
Retaliation includes any adverse employment action taken because an employee engaged in protected workers' compensation activity:
- Termination: Firing the employee after they report an injury or file a claim
- Demotion: Reducing position, responsibilities, or authority
- Pay Reduction: Cutting wages or hours in response to workers' compensation activity
- Hostile Work Environment: Harassment or intimidation after reporting an injury
- Discouragement from Seeking Care: Pressuring employees not to seek treatment
- Refusal to Accommodate: Failing to provide light duty when available
Why This Protection Exists
The workers' compensation system serves critical public policy functions:
- Ensuring injured workers receive prompt medical treatment
- Providing temporary income benefits during recovery
- Creating incentives for employers to maintain safe working conditions
These goals cannot be achieved if workers fear losing their jobs for reporting injuries. Texas law eliminates this fear by making retaliation illegal.
The Legal Claims: Seeking Justice for Unlawful Retaliation
Our lawsuit asserts claims for workers' compensation retaliation in violation of Texas Labor Code § 451.001. The lawsuit seeks damages including:
Economic Damages
- Lost wages and benefits from termination forward
- Lost workers' compensation benefits
- Future lost earnings and earning capacity
- Medical expenses not covered due to wrongful termination
Non-Economic Damages
- Emotional distress and mental anguish
- Reputational harm
- Physical pain and suffering exacerbated by termination stress
Punitive Damages
- Punishment for intentional, malicious retaliation
- Deterrence of similar conduct by other employers
- Message that workers' compensation retaliation will not be tolerated
Additional Relief
- Reinstatement to former position, if appropriate
- Attorney's fees and costs as provided by statute
Why This Case Matters: Protecting All Injured Workers
This lawsuit protects all Texas workers who might face similar retaliation.
The Culture of Fear in Industrial Workplaces
Industrial facilities like chemical plants are among the most dangerous workplaces in Texas. Workers face daily risks including chemical exposures, equipment failures, falls, explosions, and electrical hazards.
Despite these risks, many workers hesitate to report injuries because they fear retaliation. They've seen coworkers fired after filing workers' compensation claims. They know that being labeled "injury-prone" can end their careers.
This fear keeps workers silent—and keeps them working injured.
The Real-World Consequences of Retaliation
When employers retaliate against workers who report injuries:
- Workers hide injuries to keep their jobs, leading to inaccurate safety data
- Workers delay medical treatment, turning minor injuries into major health problems
- Dangerous conditions aren't corrected, putting all workers at risk
- The workers' compensation system cannot function properly
- Retaliation becomes normalized across the industry
Holding Employers Accountable
By holding Austin Industrial accountable, this lawsuit:
- Deters other employers from retaliating against injured workers
- Shows workers they have legal recourse for wrongful termination
- Helps shift workplace culture from fear to safety
- Strengthens protections for all Texas workers
Understanding Workers' Compensation Retaliation
What Should You Do If You're Injured at Work?
Report Immediately: Tell your supervisor about the injury right away, even if it seems minor.
Seek Medical Care: Get evaluated by a doctor as soon as possible. Don't delay treatment.
Document Everything: Keep records of your injury, medical visits, conversations with supervisors, and all related documents.
File a Claim: Request a workers' compensation claim form (DWC-041) from your employer within 30 days.
Know Your Rights: You cannot be fired, demoted, or harassed for filing a workers' compensation claim.
Warning Signs of Retaliation
Watch for these red flags after reporting an injury:
- Sudden termination shortly after filing a claim
- Negative performance reviews that didn't exist before your injury
- Hostile treatment from supervisors or coworkers
- Pressure to return to work before medically cleared
- Discouragement from seeking medical treatment
- Denial of light duty assignments when available
What to Do If You Face Retaliation
Document the Retaliation: Write down dates, times, witnesses, and details of retaliatory actions.
Save All Evidence: Keep emails, text messages, medical records, and employment documents.
Report to HR: File a formal complaint about the retaliation (though this may not stop it).
Contact an Attorney Immediately: Workers' compensation retaliation claims have time limits. Don't delay.
Don't Sign Anything: If offered severance, don't sign without legal review.
Doyle Dennis Avery LLP's Commitment to Injured Workers
Doyle Dennis Avery LLP is dedicated to protecting the rights of workers injured on the job and standing up to employers who retaliate against them. Our attorneys—Michael P. Doyle, Patrick M. Dennis, and Jeff Avery—have recovered more than $500 million for clients fighting workplace injustice.
Our Approach to Workers' Compensation Retaliation Cases
Thorough Investigation: We examine all facts, interview witnesses, and gather documentation to build the strongest case.
Aggressive Advocacy: We're not afraid to take on large corporations and their insurance companies.
Compassionate Support: We understand that losing your job while injured is financially and emotionally devastating.
No Win, No Fee: We handle retaliation cases on a contingency fee basis. You pay nothing unless we recover compensation.
Why Experience Matters
Workers' compensation retaliation cases require attorneys who understand:
- The specific protections under Texas Labor Code § 451.001
- How to prove causation between protected activity and termination
- The interplay between workers' compensation and employment law
- How to overcome employer defenses and pretextual justifications
Our firm has extensive experience handling complex employment litigation throughout Texas.
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