Work Injury

Work Injury in Texas

How the Texas Governor’s race effects El Paso workers regarding work injuries and workers’ compensation

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, …

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If your Workers’ Compensation carrier wrongly criminally prosecutes you for Insurance Fraud the Texas Supreme Court says you have no remedy

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. …

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Why is Texas Workers’ Compensation so unfair to Texas Workers?

If you are an injured worker in Texas and employer carries workers’ compensation insurance you have probably noticed how unfair you have been treated by your worker compensation insurance company.  Your medical procedures have probably been denied or delayed.  You have been told that the Insurance Company disputes that your injuries are related to your work …

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​Employee Benefits Plans—Accidental Injury v. Sickness

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’ …

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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 »

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