Candidates for governor differ on the need for reform A number of recent articles in the media are putting the spotlight on Texas’ unique workers’ compensation system, according to the Texas Tribune. Texas is the only state that currently does not require private employers to carry workers’ compensation insurance or a private equivalent for their employees, …
Glen Johnson was horribly burned in a smelter explosion. As part of his rehab he was given a membership to a gym to help with his injuries. The gym had swipe cards but because of Johnson’s injuries the gym employees did not make him use the swipe card but simply opened the gate for him. …
Employee Benefits Plans—Accidental Injury v. Sickness. Ramirez v. United of Omaha Life Ins. Co., 872 F.3d 721 (5th Cir. 2017)—In Texas, employers can opt out of workers’ compensation, and in doing so they typically purchase “accidental” injury insurance for employees. However, privately negotiated and purchased accidental injury insurance might not be as comprehensive as workers’ …
Employee Benefits Plans—Accidental Injury v. Sickness Read More »
Texas Supreme Court provides guidance on video use in workers’ comp case When can video footage serve as evidence in a personal-injury suit that arises from a workplace accident? That is a question that was recently discussed in a case that made it to the highest court in Texas — the Texas Supreme Court. The …
Judge must review video before excluding its use at trial. Read More »
Non-Subscribers—Tort Liability for Work-Related Accidents—Failure to Provide Necessary Instrumentalities—Employee Knowledge of Risk—Advance Tire and Wheels, LLC v. Enshikar, 527 S.W.3d 476 (Tex. App.—Houston [1st Dist.] 2017)—A “nonsubscriber” employer who does not buy workers’ compensation insurance ( or has its “own injury plan”) remains liable to employees under tort law for work-related injuries for which the …
I have a lot of clients in Texas that come see me when they are severely injured at work asking if they can sue their employer for the injuries they receive. Texas is unique in that it does not require an employer to carry Texas Workers’ Compensation. Every other state, including New Mexico require employers …
Can you sue your employer for your injuries if they have Texas Workers’ Compensation. Read More »
Did you give your employer sufficient notice that you were injured at work? Can you prove it? If not, you may be denied coverage for your work injury. If your employer carries workers’ compensation what is the first thing that you should do? I see people every week who come in to see me because …
What do you do when you first have a work injury? Read More »
Trailer Manufacturers can be held liable for Deaths from Collision with cars because they do not have proper lighting or proper undercarriage protection. Seven people died after a car that was running from the U.S. Border Patrol crashed early Thursday morning, June 26, 2020 in Downtown El Paso.The deadly crash happened at 2:17 a.m. on …
this is a guest post from another law firm out of state. How Can A Personal Injury Lawyer Help Me? If you or a loved one have been injured in an accident that was caused by another person’s negligence, such as being on a bicycle and getting hit by a car, it may be necessary …
Many workers’ are sometimes forced to be quarantined as a result of workplace exposure to COVID-19. Does workers’ compensation apply to these exposures? Many workers’ are sometimes forced to be quarantined as a result of workplace exposure to COVID-19. Does workers’ compensation apply to these exposures? The answer is probably no. Under Texas law you …