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
China chemical plant blast kills 62; Xi orders probeRUETERS: WORLD NEWS03/22/2019
Six killed in Myanmar's Rakhine state as army battles rebelsRUETERS: WORLD NEWS03/22/2019
Blast at Chinese chemical plant kills 47; Xi orders probeRUETERS: WORLD NEWS03/22/2019
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
Germany: man jailed for fatal attack on homeless menABC NEWS WORLD HEADLINES03/05/2019
Parents of dead West Point cadet retrieve his spermABC NEWS US HEADLINES03/05/2019
WATCH: Mother of man found dead in Democratic donor's home files wrongful death lawsuitABC NEWS US HEADLINES02/27/2019
Mother of man found dead in Democratic donor's home files wrongful death lawsuitABC NEWS US HEADLINES02/27/2019
JPMorgan absolved by U.S. judge in former top broker's suicideRUETERS:BUSINESS02/26/2019
Mexico death toll from pipeline fire rises to 128ABC NEWS WORLD HEADLINES02/06/2019
Convictions issued over Hungary sludge flood that killed 8ABC NEWS WORLD HEADLINES02/04/2019
Sinking Stone? Justices Included, Drowning in Data: The Morning MinuteLAW NEWSWIRE01/29/2019
Death toll in Mexican pipeline fire rises to 109ABC NEWS: TOP STORIES01/25/2019
Judge dismisses claims over 2009 Fort Hood massacreRUETERS US NEWS01/23/2019
  

John Q. Lawyer

Attorney at Law

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Accident-Workers Compensation 00000000