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
Woman killed after car carrying migrants in Greece crashesABC NEWS WORLD HEADLINES11/13/2018
12 Dead At A Southern California BarNPR NEWS11/08/2018
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WATCH: World News 10/31/18: Trump Pledges Up To 15,000 Military Personnel At The Mexico BordABC NEWS: WORLD HEADLINES10/31/2018
PBF Energy's Delaware City refinery explosion injures three: mediaRUETERS US NEWS10/30/2018
Pittsburgh synagogue shooting suspect injured in gunfight goes to court in wheelchairABC NEWS: WORLD HEADLINES10/29/2018
Macedonia opposition seeks pardons for 33 protestersABC NEWS WORLD HEADLINES10/29/2018
Pittsburgh Community Reels Following Mass Shooting At SynagogueNPR NEWS10/29/2018
WATCH: At least 8 dead in Pittsburgh synagogue shootingABC NEWS US HEADLINES10/27/2018
WATCH: SPECIAL REPORT: Pittsburgh synagogue shooting updateABC NEWS US HEADLINES10/27/2018
Major Investigation Underway After Suspicious Packages Mailed To Government OfficialsNPR NEWS10/24/2018
Taiwan court: Excessive speed caused deadly train derailmentABC NEWS WORLD HEADLINES10/23/2018
Teenager kills 19 in Crimea college shooting: Russian officialsRUETERS: WORLD NEWS10/17/2018
Teenager kills 17 in Crimea college shooting: Russian officialsRUETERS: WORLD NEWS10/17/2018
South Carolina shooting leaves one officer dead, four injured: local mediaRUETERS US NEWS10/03/2018
  

John Q. Lawyer

Attorney at Law

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Accident-Employee Accident 00000000