Injuries in the Workplace under Texas Law

Employees injured in the workplace 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.

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 Injury (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
Gunman who killed Indian man in Kansas bar pleads guilty to federal chargesRUETERS US NEWS05/21/2018
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Top Stories: Primary Results; Judge Overturns Calif. Assisted Suicide LawNPR TOP HEADLINES05/16/2018
Officers on what happened in 'ambush style attack' that killed one of their ownABC NEWS: TOP STORIES05/15/2018
Family of Waffle House victim in Nashville sues accused shooter's fatherRUETERS US NEWS05/15/2018
Dashcam footage gets top German court approval for car crash casesRUETERS: TECHNOLOGY05/15/2018
WATCH: Car transporting illegal immigrants races through Border Patrol checkpointABC NEWS US HEADLINES05/12/2018
Trial opens for homeless man accused in US student drowningABC NEWS WORLD HEADLINES05/08/2018
Handcuffed man severely injures himself diving from second-floor courthouse railingABC NEWS US HEADLINES05/04/2018
Video of booze-soaked party shown in frat fall case hearingUS NATIONAL05/02/2018
Father of Parkland shooting victim files wrongful death lawsuitRUETERS US NEWS05/01/2018
Passenger Who Survived Fatal Flight Is Suing Southwest AirlinesNPR NEWS04/28/2018
Passenger Who Survived A Fatal Flight Is Suing Southwest AirlinesNPR NEWS04/27/2018
David Copperfield forced to reveal secret behind illusion in Las Vegas courtroomMSNBC U.S. NEWS04/25/2018
David Copperfield testifies that he knew of no injuries in illusion in 20 yearsMSNBC U.S. NEWS04/24/2018
  

John Q. Lawyer

Attorney at Law

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Accident-Workplace Injury 00000000