work injuries & workers compensation

Judge must review video before excluding its use at trial.

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 …

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If your employer has its ‘own work injury plan’ or no workers’ compensation then they are liable for employees injuries if they are negligent even if the employee knew of the danger (in non slip and fall – premesis liability)

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 …

If your employer has its ‘own work injury plan’ or no workers’ compensation then they are liable for employees injuries if they are negligent even if the employee knew of the danger (in non slip and fall – premesis liability) Read More »

Can you sue your employer for your injuries if they have Texas Workers’ Compensation.

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 »

What do you do when you first have a work injury?

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 …

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7 killed and 3 injured in collision with Trailer in El Paso on June 26, 2020 while being pursued by Border Patrol

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 …

7 killed and 3 injured in collision with Trailer in El Paso on June 26, 2020 while being pursued by Border Patrol Read More »

Work-related death: Legal options for surviving relatives in Texas

Work-related death: Legal options for surviving relatives in Texas The legal remedies for a surviving spouse and other family members depends largely on whether the employer carried workers’ compensation coverage. Because workers’ compensation is optional for Texas employers and because of another unique provision in state law, the legal remedies for surviving loved ones of …

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Can I recover benefits for Workers’ Compensation if I am forced to quarantine because I was exposed to COVID-19 (coronavirus) at work?

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 …

Can I recover benefits for Workers’ Compensation if I am forced to quarantine because I was exposed to COVID-19 (coronavirus) at work? Read More »

What law is followed in New Mexico if an accident happens in New Mexico?

Most states follow the rule that the state with the most significant relationship is the law that applies. However, New Mexico follows the rule that no matter how significant the contacts if a personal injury accident happens in New Mexico, New Mexico law will apply. In determining which jurisdiction’s law should apply to a tort …

What law is followed in New Mexico if an accident happens in New Mexico? Read More »

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