On the Job Injuries and Accidents under Texas Law
Employees injured at work performing their work duties are entitled to compensation. If you have been injured on the job you 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 injury, 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 of the victim 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 or injury 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 Injury (Accident) in Texas Law|
pertaining to applicator businesses, proof of financial responsibility, care and treatment of animals and facilities
Civil Practice and Remedies
pertaining to notification requirements, employee liability, organizations liability, liability of hospitals, applicability, liability for acts of independent contractors, evidence admissible, governmental liability, mutual indemnity obligation, unilateral indemnity obligation
pertaining to railroad peace officers
pertaining to minimum personal leave program, immunity from liability, insurance against students injuries, insurance for certain school activities, cooperation with federal agencies, rule fire protection, fire training, disposition of used or obsolete equipment
pertaining to interstate compact for juveniles, agency investigation, definition of abuse, definition of neglect
pertaining to clearance of debris, part-time fire protection employees, overtime compensation for employees not subject to fair labor standards, reductions in pay, withdrawal of time from pool, limitation on withdrawals, entitlement to sick leave, indemnity provisions and construction contracts
Health & Safety Code
pertaining to needleless systems, confidentiality, sanitation of business, occupational health and safety, insurance requirement, attack by animal,
pertaining to exceptions, payments in lieu of wages, employee absence for injury, kinds of insurance authorize, participation in network, notice of network requirements, treating doctor, referrals, selection of treating doctor, treatment by a primary care physician, employee information, eligibility for premium discount, required insurance coverage for registration certificate
pertaining to definition of course and scope of employment, healthcare reasonably required, definition of medical benefit, release of information, liability for compensation, exceptions, common-law defenses, burden of proof, effect of other insurance coverage, cause of action, exclusive remedy, exemplary damages, survival of cause of action, reimbursable employer payments, salary continuation, offset against income benefits, designated dr. examination, medical examination by treating doctor to define compensable injury, date of injury for occupational disease, entitlement to medical benefits, requests for description of employment, payment of health care provider, average weekly wage, part-time employee or employee with multiple employment, average weekly wage for seasonal employee, average weekly wage for minor apprentice or trainee, average weekly wage for student, school district employee, wage presumptions, administrative violation, amount of temporary income benefits, salary continuation in lieu of temporary income benefits, medical examinations for supplemental income benefits, subsequent injury fund benefits, death benefits
pertaining to distribution of death benefits, burial benefits, notice of injury to employer, claim for compensation, report of injury, modified duty program notice, administrative violation, record of injuries, failure to file implore your report of injury, information provided to employee or legal beneficiary, locational rehabilitation information, judicial enforcement of order or decision, time before filing petition, venue, immunity from certain liability, employer injury and occupational disease report, definition of safe, boards report to legislature, return to work coordination services, third-party liability, employer liability to third-party, workers compensation coverage for employees, coverage for out-of-state employees, coverage for certain services provided by volunteers, pre-existing disqualifying condition, coverage for out-of-state employees, sick leave benefits
Local Government Code
pertaining to disability compensation, employee withdrawal from sick leave pool, indemnity
Natural Resources Code
pertaining to plugging by commission, leaking well
pertaining to immunity, insurance requirement, public display permit, liability for by evils
Special Districts Code
pertaining to limited liability for aquatic herbicide application
pertaining to liability for injury to or death of an employee
pertaining to contributory negligence, assumed risk, liability offset, injury to fellow servant, prohibited terms
pertaining to indemnity in connection with right of way notice of liability
John Q. Lawyer
Attorney at Law
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Accident-Employee Injury 00000000