Employee Accidents in Texas Law

Employees injured at work during the course of their employment performing their work duties are entitled to compensation for their injuries. If you have been injured on the job may be entitled to recovery including monetary compensation to cover your physical pain, mental anguish, loss of earnings or earning capacity, medical bills, death and disfigurement, physical impairment and more.

Injuries in the workplace occur frequently as a result of exposure to toxic materials, equipment accidents, defective tools and machinery, falls, construction accidents, explosions, fires, defective or missing safety devices, negligence and so on. Many work-related injuries also result from transportation, including trucking accidents and accidents involving travel in company airplanes and helicopters.

Depending upon the circumstances surrounding the accident, employees and their families may be entitled to damages, lost wages and death benefits through either the Texas worker's compensation program, Texas personal injury laws, or in some cases both. When these injuries prove fatal families may also be entitled to various forms of compensation.

In most cases employees may not sue their employers for injuries they have sustained on-the-job during the course of employment. By Texas law known as the "exclusive remedy rule", an employee's only remedy may be to pursue a worker's compensation claim.

One exception to this "exclusive remedy rule" is if an employee can prove that the employer acted with intentional misconduct such as when an employer knew of a hazardous condition (such as asbestos) and failed to remove the hazard or warn employees.

Another exception known as the "punch press exception" can arise if an employer removed safety protection in order to increase production.

An injured employee may pursue remedies against third parties who may be responsible or may have contributed to the accident if the third party is not the employer. In these instances an injured party may pursue both a worker's compensation claim and a third-party lawsuit. Often the amount of recovery awarded in a third-party lawsuit exceeds that of worker's compensation claims which are many times limited by Texas law.

If an on-the-job accident proves fatal the family's estate may sue the employer for gross negligence under Texas wrongful death statutes. Of course an employer may also be sued if they fail to provide worker's compensation insurance.

Employee Accident (Accident) in Texas Law

Government Code

Accident+employee

pertaining to overtime compensation for employee, fair labor standards act, reduction in pay

Health & Safety Code

Accident+employee

pertaining to health benefit plan, reporting fatalities and injuries

Health & Safety Code

Accident+employee

pertaining to health benefit plan, reporting fatalities and injuries

Insurance Code

Accident+employee

pertaining to tax, minions, revenues subject to taxation, kinds of insurance authorized, appropriation of money, employers, group accident and health insurance policy coverage, fun for former employees and members, optional coverage for spouses and dependents, conversion of group policy, notice of continuation and conversion privileges, sports team, help benefits package, help benefit coverage, powers of board of trustees, participation by community supervision, corrections departments, determination to self fund, contingency reserve, and being termination of accidental death and dismemberment insurance coverage, retirement, precedence of payment to survivors, cost assessment, administrative process and sanctions, violation, employee's life accident and health insurance and benefits fund, immunity from liability, loss control information

Insurance Code (not codified)

Accident+employee

pertaining to group insurance for employees of state college, and school employees, retirees of the central education agency, group life and health insurance policies, texas rehabilitation commission, college and university system

Labor Code

Accident+employee

pertaining to exceptions to wages, payment for sickness or accident disability, payment of health care provider, exceptions for untimely submission of claim, immunity from certain liability, insurance requirements

Local Government Code

Accident+employee

pertaining to authorized deductions, uniformity in benefits, benefits contract, risk pool, life health and accident insurance for officials, retirees of political subdivisions, report about use of, or accident involving equipment in county

Natural Resources Code

Accident+employee

pertaining to insurance requirements

Transportation Code

Accident+employee

pertaining to accident reports, records, identifying peace officer, firefighter or emergency medical personnel

Accident In The News
U.S. plaintiffs' lawyers warn of automaker role in Takata bankruptcyRUETERS:BUSINESS06/27/2017
Children of Alton Sterling File Wrongful Death LawsuitMSNBC U.S. NEWS06/27/2017
WATCH: World News 06/17/17: 9-Year-Old Boy Rescues Drowning ToddlerABC NEWS: WORLD HEADLINES06/27/2017
Islamic State group claims attack on Pakistan lawmakerABC NEWS WORLD HEADLINES05/12/2017
UPDATE 1-British insurance body calls for overhaul for injury lump sumsRUETERS: COMPANY NEWS05/12/2017
WATCH: Judge orders prosecutors to charge Amtrak engineer in crashABC NEWS US HEADLINES05/11/2017
Accused drunken driver in California crash was deported 15 timesRUETERS US NEWS05/10/2017
Amtrak engineer won't be charged in deadly crashAP TOP HEADLINES05/09/2017
Prosecutors will not charge engineer in deadly 2015 Amtrak derailmentRUETERS US NEWS05/09/2017
J&J ordered to pay $110 million in talc product liability trialRUETERS:BUSINESS05/04/2017
Fire, explosions rip thru waste factory in Spain, 30 injuredABC NEWS WORLD HEADLINES05/04/2017
15 injured, people evacuated after factory fire in SpainABC NEWS WORLD HEADLINES05/04/2017
Bayer, J&J win first product liability trial over XareltoRUETERS: COMPANY NEWS05/03/2017
WATCH: 3 dead, at least 11 injured in car crash at auto auction in MassachusettsABC NEWS US HEADLINES05/03/2017
Gunman pursued injured officer seeking cover, fired againABC NEWS US HEADLINES04/27/2017
  

John Q. Lawyer

Attorney at Law

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Accident-Employee Accident 00000000