A 10-year employee, Dylena Kent, sued her former employer, Aurorium, in Ellis County District Court in Texas, for worker's compensation retaliation.

Kent fell on an untreated outdoor surface at work after an ice storm on February 03, 2023. She reported her work-related injury and sought medical treatment.

About a month after the injury, on March 06, 2023, the employer terminated Kent. Kent alleges she was terminated in retaliation for applying for, and receiving, workers' compensation benefits.

Dylena Kent v. Aurorium, LLC, Cause No. 115616, filed in Ellis County District County in Texas; "Ellis County Employee Files Retaliation Lawsuit Against Aurorium for Worker's Comp Retaliation" https://www.prnewswire.com/news-releases/ellis-county-employee-files-retaliation-lawsuit-against-aurorium-for-workers-comp-retaliation-302285048.html (Oct. 23, 2024).

Commentary

The first commonality is that every state has its own worker's compensation laws, but they are very similar in method and purpose.

Another commonality is that reporting is essential when a worker experiences an on-the-job injury, or exacerbates a pre-existing injury. Make sure the claim is reported to your personnel department or to whomever addresses workplace injuries in your organization so they can promptly file with your workers' compensation carrier.

It is important to remember that workers' compensation leave is job-protected leave in all states. This means if, and when, the employee is released to return to work, they must be given their job back. There can be additional steps to consider, if the release is conditional.

Finally, as in this case, every worker is protected from retaliation for filing a worker's compensation claim, even if ultimately denied.