Tex. Lab. Code § 451.002 : LABOR CODE — WORKERS' COMPENSATION — DISCRIMINATION ISSUES — DISCRIMINATION PROHIBITED — Remedies; Burden of Proof TEXT PDF (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. Tex. Lab. Code § 451.002 Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. 9/1/1993.