Work Injury in Texas
Next to other large states, Texas has a much higher rate of worker deaths than statistically expected; high construction fatality rates may be one reason. Many workers who live in El Paso consider their state to be exceptional in various ways. Unfortunately, a new report suggests that Texas also stands out in one decidedly negative
Report shows TX workers face an above average risk of fatal accidents Read More »
Construction workers face a number of hazards in the workplace, which could cause accidents that result in serious occupational injuries or deaths. There is some level of risk of suffering occupational injuries and illnesses in nearly every profession and field throughout Texas, and elsewhere. For some, however, the danger may be greater. According to the
Texas construction workers and the dangers they face in the workplace Read More »
While Texas does not mandate the coverage of workers’ compensation insurance, many employers do offer this benefit. On any given day, a person in Texas may be involved in an accident while at work. These incidents can happen in any line of work and in any industry. This includes settings generally known to be dangerous
Workers’ compensation benefits in Texas Read More »
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
Can my Texas employer fire me following a workplace accident? Read More »
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
Texas Supreme Court provides guidance on video use in workers’ comp case Read More »
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 »
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