Injuries at Work in Texas Law

Employees injured at work during the course of their employment are entitled to compensation for their injuries. If you have been injured on the job 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.

Work 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
China chemical plant blast kills 62; Xi orders probeRUETERS: WORLD NEWS03/22/2019
Six killed in Myanmar's Rakhine state as army battles rebelsRUETERS: WORLD NEWS03/22/2019
Blast at Chinese chemical plant kills 47; Xi orders probeRUETERS: WORLD NEWS03/22/2019
Cruising for a Bruising: Passenger Personal Injury Suits Flow, But Crew Member Litigation is Drying UpLAW NEWSWIRE03/08/2019
New Jersey Leads Challenge to DOL's Rollback of Workplace Injury ReportingLAW NEWSWIRE03/06/2019
Germany: man jailed for fatal attack on homeless menABC NEWS WORLD HEADLINES03/05/2019
Parents of dead West Point cadet retrieve his spermABC NEWS US HEADLINES03/05/2019
WATCH: Mother of man found dead in Democratic donor's home files wrongful death lawsuitABC NEWS US HEADLINES02/27/2019
Mother of man found dead in Democratic donor's home files wrongful death lawsuitABC NEWS US HEADLINES02/27/2019
JPMorgan absolved by U.S. judge in former top broker's suicideRUETERS:BUSINESS02/26/2019
Mexico death toll from pipeline fire rises to 128ABC NEWS WORLD HEADLINES02/06/2019
Convictions issued over Hungary sludge flood that killed 8ABC NEWS WORLD HEADLINES02/04/2019
Sinking Stone? Justices Included, Drowning in Data: The Morning MinuteLAW NEWSWIRE01/29/2019
Death toll in Mexican pipeline fire rises to 109ABC NEWS: TOP STORIES01/25/2019
Judge dismisses claims over 2009 Fort Hood massacreRUETERS US NEWS01/23/2019
  

John Q. Lawyer

Attorney at Law

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Accident-Work Injury 00000000