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


pertaining to admissible evidence, structured settlements

Criminal Procedure


pertaining to disabled peace officers

Education Code


pertaining to school finance and conviction of trustee

Family Code


pertaining to property interests in insurance proceeds

Government Code


pertaining to fire fighter injury data, injury leave, death benefits

Insurance Code


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

Insurance Code (not codified)


pertaining to casualty insurance, surety bonds

Labor Code


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


pertaining to prohibited coverage under automobile insurance policies

Vernons Civil Statutes


pertaining to creditable service

Accident In The News
Delta Air liable for just $50 for injured kitten -NY state courtRUETERS: COMPANY NEWS03/14/2018
Delta Air liable for just $50 for injured kitten: NY state courtRUETERS US NEWS03/14/2018
Mexico rules out terrorism, organized crime in ferry blastRUETERS: WORLD NEWS03/11/2018
Mexican authorities rule out terrorism, organized crime in ferry explosionRUETERS: WORLD NEWS03/11/2018
Kentucky man pleads guilty to attacking Senator Rand PaulRUETERS US NEWS03/09/2018
Companies respond to lawsuit in Grand Canyon copter crashABC NEWS WORLD HEADLINES03/03/2018
Tourist's parents file lawsuit in Grand Canyon copter crashUS NATIONAL03/03/2018
The mysterious death of Rebecca Zahau: Where the case standsABC NEWS US HEADLINES03/02/2018
WATCH: The mysterious Rebecca Zahau case as wrongful death suit heads to civil courtABC NEWS US HEADLINES03/02/2018
The mysterious death of Rebecca Zahau: Where the case stands todayABC NEWS US HEADLINES03/02/2018
Palestinian migrant gets life sentence for supermarket stabbing in GermanyRUETERS: WORLD NEWS03/01/2018
Family of black man killed by Washington police gets $3.5 million settlementRUETERS US NEWS02/21/2018
Shooting survivor Gabby Giffords rolls out anti-gun ad attacking Florida governorABC NEWS: TOP STORIES02/21/2018
Judge approves Takata's U.S. bankruptcy planRUETERS:BUSINESS02/17/2018
Survivors of Florida high school shooting call for action on gun controlABC NEWS: TOP STORIES02/15/2018

John Q. Lawyer

Attorney at Law

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

Accident-Workers Compensation 00000000