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
WATCH: Courthouse shooting leaves 1 dead, 4 injured, including officerABC NEWS US HEADLINES09/19/2018
WATCH: 1 dead, 4 injured after shooting at Pennsylvania courthouse, officials sayABC NEWS US HEADLINES09/19/2018
1 dead, 4 injured after shooting at Pennsylvania courthouse, officials sayABC NEWS US HEADLINES09/19/2018
Peru court gives ex-rebel leader life sentence for car bombABC NEWS WORLD HEADLINES09/11/2018
South Sudan soldiers sentenced to jail for murder, rape in 2016 hotel raidRUETERS: WORLD NEWS09/06/2018
WATCH: Missouri Lawmaker Launches Into Auction Chant To Drown Out ProtesterNPR TOP HEADLINES09/06/2018
Japan begins clean-up after typhoon kills 11; major airport closedRUETERS: WORLD NEWS09/05/2018
Injured Ugandan lawmaker prevented from traveling abroadABC NEWS WORLD HEADLINES08/30/2018
Father sues St. Louis police in 2015 shooting death of his sonRUETERS US NEWS08/20/2018
Fort Lauderdale Airport Shooter Is Sentenced To Life In PrisonNPR NEWS08/17/2018
German operators of French campsite hit by flash flood under investigationRUETERS: WORLD NEWS08/11/2018
Germany: Court acquits man accused of July 2000 bombingABC NEWS WORLD HEADLINES07/31/2018
U.S. jury orders DaVita to pay $383.5 mln in wrongful death lawsuitsRUETERS: COMPANY NEWS06/28/2018
U.S. jury orders DaVita to pay $383.5 million in wrongful death lawsuitsRUETERS US NEWS06/28/2018
WATCH: World News 06/23/18: Outrage Grows Over Black Teen Killed by East Pittsburgh PoliceABC NEWS: WORLD HEADLINES06/27/2018
  

John Q. Lawyer

Attorney at Law

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Accident-Workplace Injury 00000000