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
Denmark: Nigerian pirate found guilty but not imprisonedABC NEWS WORLD HEADLINES11/28/2022
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-Workplace Injury 00000000