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
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
WATCH: More than 1,400 dead, thousands injured after Indonesia quakeABC NEWS WORLD HEADLINES10/03/2018
South Carolina shooting leaves one officer dead, four injured: local mediaRUETERS US NEWS10/03/2018
At Least 384 Killed, Hundreds Injured After Earthquake And Tsunami Hit IndonesiaNPR WORLD09/29/2018
Moroccan woman dies after navy fires at speedboat carrying migrantsRUETERS: WORLD NEWS09/25/2018
WATCH: Courthouse shooting leaves 1 dead, 4 injured, including officerABC NEWS US HEADLINES09/19/2018
WATCH: 1 dead, 4 injured after shooting at Pennsylvania courthouse, officials sayABC NEWS US HEADLINES09/19/2018
1 dead, 4 injured after shooting at Pennsylvania courthouse, officials sayABC NEWS US HEADLINES09/19/2018
Peru court gives ex-rebel leader life sentence for car bombABC NEWS WORLD HEADLINES09/11/2018
WATCH: Missouri Lawmaker Launches Into Auction Chant To Drown Out ProtesterNPR TOP HEADLINES09/06/2018
Injured Ugandan lawmaker prevented from traveling abroadABC NEWS WORLD HEADLINES08/30/2018
Father sues St. Louis police in 2015 shooting death of his sonRUETERS US NEWS08/20/2018
Fort Lauderdale Airport Shooter Is Sentenced To Life In PrisonNPR NEWS08/17/2018
U.S. jury orders DaVita to pay $383.5 mln in wrongful death lawsuitsRUETERS: COMPANY NEWS06/28/2018
  

John Q. Lawyer

Attorney at Law

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Accident-Workers Compensation 00000000