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
California lawmaker arrested on child cruelty suspicionABC NEWS US HEADLINES12/11/2018
Death of Guatemalan toddler detained by ICE sparks $60 million legal claimABC NEWS: TOP STORIES12/06/2018
Teenager badly injured after friend pushed her off bridge still 'looking for justice'ABC NEWS US HEADLINES12/04/2018
Chain reaction of blasts kills 23 in China's latest industrial accidentRUETERS: WORLD NEWS11/28/2018
Borussia Dortmund bus bomber gets 14 years behind barsRUETERS: WORLD NEWS11/27/2018
Venus Williams settles lawsuit over fatal Florida car crashRUETERS US NEWS11/21/2018
Ex-Judge Who Spent 9 Months In Prison For Beating Wife Is Arrested After She's KilledNPR NEWS11/20/2018
3 victims including police officer injured in shooting near Chicago hospital: PoliceABC NEWS: TOP STORIES11/19/2018
Fatal New York limo crash victim's family sues owner, operatorRUETERS US NEWS11/19/2018
Woman killed after car carrying migrants in Greece crashesABC NEWS WORLD HEADLINES11/13/2018
12 Dead At A Southern California BarNPR NEWS11/08/2018
Supreme Court divided over USS Cole bombing lawsuit against SudanRUETERS US NEWS11/07/2018
WATCH: World News 10/31/18: Trump Pledges Up To 15,000 Military Personnel At The Mexico BordABC NEWS: WORLD HEADLINES10/31/2018
Pittsburgh synagogue shooting suspect injured in gunfight goes to court in wheelchairABC NEWS: WORLD HEADLINES10/29/2018
Macedonia opposition seeks pardons for 33 protestersABC NEWS WORLD HEADLINES10/29/2018
  

John Q. Lawyer

Attorney at Law

This ad space is available. If you are an attorney in the Bullard area that handles matters involving workers compensation, click here for more information.

Accident-Workers Compensation 00000000