Worker's Compensation under Texas Law

Employees are entitled to compensation for injuries sustained on the job. If you have been injured in the workplace 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.

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.

Workers Compensation (Accident) in Texas Law

Civil Practice and Remedies

Worker+compensation+injur*

pertaining to admissible evidence, structured settlements

Criminal Procedure

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pertaining to disabled peace officers

Education Code

Worker+compensation+injur*

pertaining to school finance and conviction of trustee

Family Code

Worker+compensation+injur*

pertaining to property interests in insurance proceeds

Government Code

Worker+compensation+injur*

pertaining to fire fighter injury data, injury leave, death benefits

Insurance Code

Worker+compensation+injur*

pertaining to non-duplication of recovery, conflicts with the labor code, health care networks,

Insurance Code (not codified)

Worker+compensation+injur*

pertaining to casualty insurance, surety bonds

Labor Code

Worker+compensation+injur*

pertaining to records checks,injured employee,texas dept of worker's compensation, authority to appear or intervene, reports, research duties, burden of proof, guaranty fund, approved doctors, refusal of treatment, volunteers, networks

Transportation Code

Worker+compensation+injur*

pertaining to prohibited coverage under automobile insurance policies

Vernons Civil Statutes

Worker+compensation+injur*

pertaining to creditable service

Accident In The News
Seven explosions in 10 minutes: China chemical plant blast kills 19RUETERS: WORLD NEWS07/13/2018
Blast in chemical plant in China kills 19, injures 12RUETERS: WORLD NEWS07/12/2018
Industrial park blast kills 19, hurts 12 in southwest ChinaABC NEWS WORLD HEADLINES07/12/2018
U.S. jury orders DaVita to pay $383.5 mln in wrongful death lawsuitsRUETERS: COMPANY NEWS06/28/2018
U.S. jury orders DaVita to pay $383.5 million in wrongful death lawsuitsRUETERS US NEWS06/28/2018
WATCH: World News 06/23/18: Outrage Grows Over Black Teen Killed by East Pittsburgh PoliceABC NEWS: WORLD HEADLINES06/27/2018
Teens who mocked, filmed and failed to help drowning Florida man won't face chargesABC NEWS: TOP STORIES06/26/2018
Injured South Carolina candidate plans July return to campaign: officialsRUETERS US NEWS06/25/2018
Injured South Carolina candidate to return to campaign in July: officialsRUETERS US NEWS06/25/2018
German court convicts Syrian who beat man wearing Jewish capABC NEWS WORLD HEADLINES06/25/2018
U.S. high court to hear Sudan appeal on damages in 2000 USS Cole bombingRUETERS: WORLD NEWS06/25/2018
Katie Arrington, S.C. Republican Who Beat Mark Sanford, Is Badly Injured In Car CrashNPR NEWS06/23/2018
US House candidate who beat Sanford seriously hurt in wreckABC NEWS US HEADLINES06/23/2018
Pro-Trump congressional nominee Katie Arrington seriously injured in car crashABC NEWS: TOP STORIES06/23/2018
U.S. passengers file suit against Southwest over fatal engine explosionRUETERS: COMPANY NEWS06/21/2018
  

John Q. Lawyer

Attorney at Law

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Accident-Workers Compensation 00000000