Accidents in the Workplace under Texas Law

Employees injured in accidents at work are entitled to compensation for their injuries. 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.

Accidental injuries in the workplace occur frequently as a result of exposure to toxic materials, equipment accidents, defective tools and machinery, falls, construction accidents, explosions, fires, defective or missing safety devices, negligence and so on. Many work-related injuries also result from transportation, including trucking accidents and accidents involving travel in company airplanes and helicopters.

Depending upon the circumstances surrounding the accident, employees and their families may be entitled to damages, lost wages and death benefits through either the Texas worker's compensation program, Texas personal injury laws, or in some cases both. When these injuries prove fatal families may also be entitled to various forms of compensation.

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.

Workplace Accident (Accident) in Texas Law

Government Code

Accident+work*

pertaining to overtime compensation for employee fair labor standards act, reduction in pay, death from injury

Health & Safety Code

Accident+work*

pertaining to testing for accidental exposure, health care worker, blood

Insurance Code

Accident+work*

pertaining to incidental group automobile insurance, exceptions, accident investigations, monitoring and, worksite, workers compensation, policyholder, payment of class to public securities, exemptions,administrators

Insurance Code (not codified)

Accident+work*

pertaining to premium rating plans, board of insurance commissioners

Labor Code

Accident+work*

pertaining to exceptions to wages, payment for sickness or accident disability, payment of health care provider, insurance carrier, accident prevention services, prerequisite for license, annual information submitted by insurance company, noticed the policyholders, individuals employed by subcontractors, accident prevention

Labor Code

Accident+work*

pertaining to personnel rules applying to juvenile and probation officers, court reporters, county auditor's office, hours of work

Local Government Code

Accident+work*

pertaining to personnel rules applying to juvenile probation officers, court reporters, and county auditor's office

Natural Resources Code

Accident+work*

pertaining to insurance requirements, workers compensation

Vernons Civil Statutes

Accident+work*

pertaining to exceptions, employee absence

Accident In The News
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Johnson & Johnson hit with $247 mln verdict in hip implant trialRUETERS: COMPANY NEWS11/16/2017
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Samsung worker killed by brain tumor wins compensation caseABC NEWS WORLD HEADLINES11/14/2017
Rand Paul Returns To Senate After Being Injured In Attack By Kentucky NeighborNPR TOP HEADLINES11/14/2017
Samsung worker scores victory at South Korea's Supreme CourtAP BUSINESS11/14/2017
WATCH: World News 10/31/17: Several Dead, Others Injured After Being Hit By Vehicle In New York CityABC NEWS: WORLD HEADLINES10/31/2017
  

John Q. Lawyer

Attorney at Law

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Accident-Workplace Accident 00000000