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
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Court revives wrongful death claim in Ohio Walmart shootingABC NEWS US HEADLINES11/25/2022
Wife of Texas man killed by police in Arizona settles suitABC NEWS US HEADLINES11/23/2022
Atlanta to pay $1 million to the family of Rayshard Brooks, killed by police in 2020NPR NEWS11/22/2022
What we know so far about the Colorado Springs shootingNPR NEWS11/21/2022
District attorney: 1 dead, 16 injured after SUV crashes into Apple store in MassachusettsABC NEWS US HEADLINES11/21/2022
Gabby Petito's family awarded $3M in lawsuit against Brian Laundrie's estateABC NEWS: TOP STORIES11/17/2022
Judge sentences man to life in prison for Waukesha Christmas parade attackNPR NEWS11/16/2022
Gabby Petitos family files wrongful death suit against MoabABC NEWS: TOP STORIES11/08/2022
State Appellate Court Says Insurer's Interpretation of Product Liability Act Would 'Produce an Absurd Result'LAW NEWSWIRE11/04/2022
Gabby Petito's parents file $50M wrongful death suit against policeABC NEWS: TOP STORIES11/03/2022
Georgia State Law 3L Who Was 'Ready to Set the World on Fire' Dies in Car AccidentLAW NEWSWIRE10/12/2022
Critical Mass With Law.com's Amanda Bronstad: 'Like a Genetic Disorder': How Plaintiffs Won a Class Action Verdict Against GM. Merck Faces First Wrongful Death Lawsuit Over HPV Vaccine.LAW NEWSWIRE10/12/2022
Explosion at illegal oil refinery in Nigeria kills over 50NPR WORLD04/24/2022
Online marketplace Letgo sued after Denver-area slayingsABC NEWS: TECHNOLOGY04/14/2022
  

John Q. Lawyer

Attorney at Law

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Accident-Workers Compensation 00000000