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

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

Insurance Code (not codified)

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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
Pro-Kurdish lawmaker injured as Turkish police disperse election protestRUETERS: WORLD NEWS04/17/2019
Suit claims 'pathogen soup' let amoeba thrive at Texas parkABC NEWS US HEADLINES04/17/2019
Wrongful death lawsuit in texting suicide case resolvedABC NEWS US HEADLINES04/10/2019
Minnesota man's family sues Boeing over deadly plane crashABC NEWS WORLD HEADLINES04/09/2019
Gun-maker to ask Supreme Court to hear Sandy Hook appealABC NEWS US HEADLINES04/09/2019
Supreme Court turns away families of dead USS Cole sailors in Sudan suitRUETERS US NEWS04/01/2019
U.S. Supreme Court turns away families of dead USS Cole sailors in Sudan suitRUETERS: WORLD NEWS04/01/2019
At least 7 killed in China's latest industrial accidentABC NEWS: TOP STORIES03/31/2019
Mexican Navy: 1 injured in clash near vaquita reserveABC NEWS WORLD HEADLINES03/29/2019
Dechert Associate's Death Ruled Accidental, Caused By Mix of DrugsLAW NEWSWIRE03/26/2019
Cruising for a Bruising: Passenger Personal Injury Suits Flow, But Crew Member Litigation is Drying UpLAW NEWSWIRE03/08/2019
New Jersey Leads Challenge to DOL's Rollback of Workplace Injury ReportingLAW NEWSWIRE03/06/2019
JPMorgan absolved by U.S. judge in former top broker's suicideRUETERS:BUSINESS02/26/2019
Death toll in Mexican pipeline fire rises to 109ABC NEWS: TOP STORIES01/25/2019
More Than 70 Dead, Dozens Injured In Mexican Pipeline ExplosionNPR WORLD01/20/2019
  

John Q. Lawyer

Attorney at Law

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Accident-Workers Compensation 00000000