Work Injury

Work Injury in Texas

Can my Texas employer fire me following a workplace accident?

Employees in Texas may not be fired for filing a workers’ compensation claim or hiring an attorney. Though often preventable, workplace accidents happen at an alarming rate. Take, for example, the year 2015 in Texas. According to the U.S. Bureau of Labor Statistics, there were 2.6 incidents for every 100 workers across the state. Of …

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Texas Supreme Court provides guidance on video use in workers’ comp case

Is video evidence allowed when a worker is injured? 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 case is Diamond Offshore …

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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 …

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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 …

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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 »

​How does a work injury claim differ from a basic personal injury claim?

Many people associate a work injury with a personal injury claim, but in fact when you are injured at work or if a family member is killed at work, there are many different laws that apply to a work injury that would not apply to a basic personal injury case. How does a work injury …

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