work injury

Workers’ compensation is a state-regulated insurance system that is suposed to ensure that medical bills and some lost wages are paid for employees injured on the job. Texas does not require most private employers to have workers’ compensation insurance coverage. Employers not providing workers’ compensation insurance coverage are known as non-subscribers. Texas is unusual because most States […]

In a prior post I have written about the fact that many workers in El Paso, Texas work for employers who do not carry Texas workers’ compensation but have their own self insured work injury plans known as ERISA plans.  These employers are known as nonsubscribers because they do not subscribe to the Texas workers’

In the case of Graziosi v. City of Greenville Mississippi, 2015 U.S. App. LEXIS 370 (5th Cir. 2015 the 5th Cir held that  a city police sergeant was not protected from retaliation by the First Amendment with respect to her Facebook post criticizing the police chief for failing to allow officers to use department vehicles to attend

Update:  The US Supreme Court reverses the below decision and holds that Abercrombie & Fitch’s refusal to hire Muslim woman who wears a headscarve is a violation of Title VII religious discrimination.  This is a victory for the religious rights of workers in Las Cruces, New Mexico and El Paso, Texas.  While the original decision

Do you work for a nursing home, hospital or some other medical facility? If you do the odds are that your employer does not carry Texas Workers’ Compensation Insurance. They probably have their own work injury plan that limits the amount of medical care and the treatment options available to you if you are injured

Nurses and nursing assistants suffer more debilitating lifting injuries than any other occupation, and those injuries are caused mainly by moving and lifting patients. We often see nursing home employees who are seriously injured while lifting patients. The Occupation Safety and Health Administration (OSHA) is launching an investigation of medical faciliies to make sure that

Ever heard of the Genetic Information Nondiscrimination Act? Well you should. A Federal Jury awarded an employee 2.25 million dollars for a violation of the Act. GINA prohibits discrimination against healthy individuals for employment decisions or health insurance purposes on the basis of genetic information alone; it also prevents employers and insurance providers from demanding

EMPLOYERS MUST: Notify the State they do or do not have coverage Notify the State when they terminate coverage Post notices, with exact wording, in the work place Notify new employees of the absence of coverage Notify existing employees of coverage termination Notify employees how to file claim If your El Paso, Texas employer fails

The situation is always the same. A client comes to see me and says “I was hurt at work; I just received a letter from my employers’ insurance company and they say that my benefits are being denied because the injury is the result of a preexisting condition (or arthritis) or it states that you’re

If your company does not carry Texas Workers’ Compensation but has its own occupational injury plan to cover work injuries then that plan is covered by the Employment Retirement Insurance and Security ACt (ERISA). This is a federal law that it supposed to regulate these plans to protect injured workers’ from your companies denial of