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

Worker+compensation+injur*

pertaining to disabled peace officers

Education Code

Worker+compensation+injur*

pertaining to school finance and conviction of trustee

Family Code

Worker+compensation+injur*

pertaining to property interests in insurance proceeds

Government Code

Worker+compensation+injur*

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

Insurance Code

Worker+compensation+injur*

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

Insurance Code (not codified)

Worker+compensation+injur*

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

Worker+compensation+injur*

pertaining to creditable service

Accident In The News
Mexico City police injured by explosion at protestABC NEWS: TOP STORIES09/22/2022
Geico Prevails in Appeal Over Time-Barred Underinsured Motorist BenefitsLAW NEWSWIRE09/14/2022
'They Are Being Ignored by the System': Plaintiffs Attorneys Say Those Injured by COVID Vaccines Have Little RecourseLAW NEWSWIRE09/07/2022
Slain man's family wants suit against Ohio deputy to proceedABC NEWS US HEADLINES09/07/2022
'There Is Going to Be Pushback': Personal Injury Lawyers Fire Back at Critic Over Pricing and PracticesLAW NEWSWIRE08/26/2022
Armed man tries to breach FBI office, is injured in standoffABC NEWS US HEADLINES08/11/2022
Today in History: August 11, Biden names HarrisABC NEWS US HEADLINES08/10/2022
Accidental drowning suspected in death of Arkansas judgeABC NEWS: TOP STORIES08/08/2022
Thai pub owner charged in connection with deadly blazeABC NEWS WORLD HEADLINES08/08/2022
U.S. Rep. Jackie Walorski dies in a car crashNPR NEWS08/03/2022
The trial for the Parkland high school shooting beginsNPR NEWS07/18/2022
The trial of the Parkland high school shooter begins. He could get the death penaltyNPR NEWS07/18/2022
Mexican navy sets net hooks in bid to help vaquita porpoiseABC NEWS WORLD HEADLINES07/05/2022
Ben Crump joins legal team of Black man injured while in police custodyABC NEWS: TOP STORIES06/28/2022
Explosion at illegal oil refinery in Nigeria kills over 50NPR WORLD04/24/2022
  

John Q. Lawyer

Attorney at Law

This ad space is available. If you are an attorney in the Alamo area that handles matters involving workers compensation, click here for more information.

Accident-Workers Compensation 00000000