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

Worker+compensation+injur*

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
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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-Workers Compensation 00000000