Texas Work Injury Law - What You Need to Know

There are three sets of work laws regarding injuries in the state of Texas that can affect a claim when an employee suffers harm while performing job duties or working for the company at the time of the incident. A different set may take precedence depending on the circumstances of the accident and could affect the case greatly.

Establish the Classification

Before any set of Texas work injury laws come into play for the incident, the situation requires classifying the individual as an employee of the company or an independent contractor. This is necessary for instances of personal injury and wrongful death. If an employee, the company usually takes the brunt of liability. However, if the person is an independent contractor, he or she may need to pursue a claim against the responsible party alone without any assistance from the business. There exists no special relationship with the other party when not an employee, and this may also limit or remove workers’ compensation claims.

The Duty of Care

When the person is an employee
of a company and not an independent contractor, the business owes a special duty of care. There is a relationship between the worker and the business which extends to the need to provide a safe work environment. When injured while on the job or performing work duties, the employee can pursue a workers’ compensation claim. Additionally, the company may need to take the brunt of liability if there are other factors at play in the incident. If the employee was negligent or there is a third party involved, this specific matter may help the person pursue a third-party personal injury claim as well.

The Injured Independent Contractor

While the company does not usually remain liable for damages incurred in these situations, the company can become involved in the claim when reasonable care and foreseeable harm does occur when avoidable. This may happen on company property or when the person is working on a project for the business. Under the correct circumstances, the entity must compensate the independent contractor or he or she can sue for the normal damages through Texas work injury laws. A lawsuit is also possible if the employer is negligent in these situations. Success is possible if the independent contractor has all the necessary evidence and an experienced lawyer.

Employee Negligence

There are certain situations where the employee may have multiple claims because the company is negligent in the accident. If the worker suffers injury through the employer’s negligence, there are two possible claims that may arise. These are the workers’ compensation claim and a non-subscriber work injury case. The worker’s compensation claim is standard for any employer that has this type of insurance package and can eliminate the possibility of suing the business because of work-related injuries. This has a certain process and paperwork that the employee must fill out. Contact with specific others is necessary.

Non-Subscriber Work Injury

The work injury laws in Texas require the employer to acquire workers’ compensation. However, when the company is a nonsubscriber, this can lead to a valid lawsuit against the company. The employee has every right to sue the business that does not provide insurance coverage for work-related injuries. However, it is important for the worker to choose the best option for his or her own situation. Some of these cases can even involve another party that shares some responsibility. However, it is difficult to pursue more than one personal injury claim at the same time.

The Third-Party Lawsuit

If the employer does subscribe to the necessary workers’ compensation package and is not negligent in any way, the employee can seek to sue the third party that shares responsibility in the incident such as a vendor, a driver, a manufacturer or another organization or entity. This can occur with or without pursuing a workers’ compensation claim for the important benefits this claim provides. The initial claim does not provide for pain and suffering, but the third-party personal injury lawsuit can. Any missing important compensation awards can come from this additional claim for the injured party if successful.

The Texas Legal Support for Work Injuries

When the individual needs to make a claim, proceed through denial or sue a nonsubscriber or third party, he or she will need a Texas lawyer for support. The legal professional can negotiate a settlement, communicate with insurance companies and amend documentation to assist the employee through these trying times.

Provided by HG.org

Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case.

Find a Lawyer