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

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pertaining to school finance and conviction of trustee

Family Code

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pertaining to property interests in insurance proceeds

Government Code

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pertaining to fire fighter injury data, injury leave, death benefits

Insurance Code

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pertaining to non-duplication of recovery, conflicts with the labor code, health care networks,

Insurance Code (not codified)

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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

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pertaining to creditable service

Accident In The News
Heavily Armed Gunman Shot Dead Outside Federal Courthouse In DallasNPR NEWS06/18/2019
Dallas Police Fatally Shoot Heavily Armed Gunman Outside Federal CourthouseNPR NEWS06/18/2019
Dallas Police Fatally Shoot Heavily Armed Gunman Outside Federal Courthouse BuildingNPR NEWS06/18/2019
Person shot in gunfire with officers near Texas courthouseABC NEWS US HEADLINES06/17/2019
Kansas Supreme Court strikes down cap in injury casesABC NEWS US HEADLINES06/14/2019
Hong Kong postpones extradition bill debate again after dozens injured in protestsABC NEWS: TOP STORIES06/13/2019
The Latest: Police say 11 arrested during Hong Kong protestABC NEWS WORLD HEADLINES06/13/2019
Hong Kong police say 11 protesters arrested, 22 officers injured in Wednesday demonstration against extradition lawABC NEWS WORLD HEADLINES06/13/2019
U.S. companies sued over London's deadly Grenfell Tower fireRUETERS: WORLD NEWS06/11/2019
Swedish police shoot man at Malmo central station after bomb threatRUETERS: WORLD NEWS06/10/2019
Swedish police shoot 'threatening' man at Malmo central stationRUETERS: WORLD NEWS06/10/2019
German man on trial for New Year car rampage that injured 14ABC NEWS WORLD HEADLINES06/07/2019
Bikers seek return of items seized in deadly Texas shootoutABC NEWS US HEADLINES06/06/2019
Kansas declares tornado emergency, at least 12 injuredABC NEWS: TOP STORIES05/29/2019
Kansas declares tornado emergency, at least 11 injuredABC NEWS: TOP STORIES05/28/2019
  

John Q. Lawyer

Attorney at Law

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Accident-Workers Compensation 00000000