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
Massachusetts Appeals Court Affirms Dismissal of Product Liability Suit Over Genzyme Knee-Pain InjectionLAW NEWSWIRE05/13/2022
9th Circuit: Wrongful Death Claim Cannot Arise Before Death, Even If Cause of Death Is AnticipatedLAW NEWSWIRE05/10/2022
Trial to start for driver who ran down Times Square touristsABC NEWS: TOP STORIES05/09/2022
Sheriff's corporal shot in 2016 Baton Rouge ambush diesABC NEWS US HEADLINES05/05/2022
Man serving time for UVa lacrosse player's death takes standABC NEWS US HEADLINES04/27/2022
Officer describes fending off Capitol rioter at man's trialABC NEWS US HEADLINES04/27/2022
Trial to begin in lawsuit over death of UVA lacrosse playerABC NEWS: TOP STORIES04/25/2022
Explosion at illegal oil refinery in Nigeria kills over 50NPR WORLD04/24/2022
Appeals Court: Injured Passengers in Rental Vehicle Not Entitled to Payment Under Driver's UIM CoverageLAW NEWSWIRE04/20/2022
Online marketplace Letgo sued after Denver-area slayingsABC NEWS: TECHNOLOGY04/14/2022
Amtrak engineer cleared in trial over deadly 2015 crashABC NEWS: TOP STORIES03/04/2022
Family of cinematographer killed on movie set sues Alec Baldwin and 'Rust' producersNPR NEWS02/15/2022
A judge ordered the U.S. to pay $230 million to victims of a Texas church massacreNPR NEWS02/07/2022
People exposed to lead in Flint, Mich., water will get a $626 million settlementNPR NEWS11/10/2021
EXPLAINER: What's at stake in the 2015 Paris attacks trial?ABC NEWS WORLD HEADLINES09/07/2021
  

John Q. Lawyer

Attorney at Law

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Accident-Workplace Injury 00000000