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
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
Multiple people injured as shooter attacks Florida high schoolRUETERS US NEWS02/14/2018
At least 19 migrants killed, up to 79 injured in road accident in Libya: military sourceRUETERS: WORLD NEWS02/14/2018
WATCH: Actor Bill Paxton's family files a wrongful death lawsuit against medical center and doctorABC NEWS US HEADLINES02/13/2018
UPDATE 1-Automakers to provide up to $130 mln for Takata's U.S. settlementRUETERS: COMPANY NEWS02/13/2018
'Chelsea Bomber' receives two life sentencesRUETERS US NEWS02/13/2018
Automakers to provide up to $130 million for Takata's U.S. settlementRUETERS:BUSINESS02/13/2018
CORRECTED-Takata, injured drivers reach deal to end U.S. bankruptcyRUETERS: COMPANY NEWS02/13/2018
2 women dead, 1 cop injured in 'dangerous,' ongoing barricade situationABC NEWS US HEADLINES02/12/2018
Takata, injured drivers reach deal to end U.S. bankruptcyRUETERS:BUSINESS02/11/2018
Three law enforcement officers shot in Georgia: local mediaRUETERS US NEWS02/09/2018
Trump continues to cast some immigrants as criminalsAP POLITICS02/07/2018
Trump continues to paint immigrants as criminalsAP TOP HEADLINES02/07/2018
Woman injured in Dakota Access protest sues for evidenceUS NATIONAL02/06/2018
  

John Q. Lawyer

Attorney at Law

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Accident-Workers Compensation 00000000