discriminatory-work-practices , firm-news , news , wrongful-termination

Doyle Dennis Avery LLP files Retaliation Lawsuit against Gulf Coast Limestone, Inc.

Doyle Dennis Avery LLP recently filed suit against Gulf Coast Limestone, Inc. Doyle Dennis Avery LLP’s client is a former employee of Gulf Coast who worked for Gulf Coast for approximately 10 years. The lawsuit alleges that Gulf Coast Limestone wrongfully fired Doyle Dennis Avery LLP’s client for filing an on-the-job claim, seeking workers’ compensation benefits, and instituting a proceeding or causing to be instituting a proceeding under the Texas workers’ compensation act, including reporting that he suffered an injury to his employer under Texas Labor Code § 409.001.

According to the lawsuit, on or about July 20, 2023, the client was injured on the job and reported the injury to his employer, seeking medical treatment. When his injury did not improve, his provider recommended surgery. On October 23, 2023, the client was released to work without restrictions. The client later obtained a workers’ compensation lawyer, who sought to help him obtain workers’ compensation benefits. Doyle Dennis Avery’ client and his workers’ compensation lawyer filed the workers’ compensation claim on December 4, 2023. Following this, the lawsuit alleges that the client found out that Gulf Coast Limestone, Inc. had never reported his injury to the workers’ compensation insurance carrier. The lawsuit states that two weeks after filing the workers’ compensation claim, on or about December 18, 2023, the client was fired by Gulf Coast Limestone, Inc for attempting to obtain workers’ compensation benefits.

Workers are protected from wrongful retaliation under Texas Labor Code 451.001. Specifically, Texas law provides that an employer may not fire an employee for (1) filing a workers’ compensation claim in good faith; (2) hiring a lawyer to represent him in a claim; and (3) instituting or causing to be instituted in good faith a proceeding under Texas Labor Code § 451.001. If you were fired for getting injured on the job and seeking workers’ compensation benefits, you may be entitled to actual damages, punitive damages, mental anguish, and other penalties provided by law. Call Doyle Dennis Avery LLP today for a free evaluation of your claims.