Law Office of Sandy McCorquodale, P.C – Dallas & Houston’s Trusted Workplace Injury Attorneys

on the job injury

Workplace injuries can occur instantly and their consequences last a lifetime. Whether you work in construction, healthcare, manufacturing or another industry, an accident at work can lead to rising medical bills, lost wages and uncertainty about the future. In Texas, the legal system for workplace injuries has unique features and understanding your rights is the first step to obtaining the compensation you deserve.

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I was Injured at Work. Can I Sue My Employer?

Texas has created a workers’ compensation program under the Texas Workers’ Compensation Act (the “TWCA”). The TWCA was adopted to provide prompt remuneration to employees who sustain injuries in the course and scope of their employment. The act relieves employees of the burden of proving their employer’s negligence, and instead provides timely compensation for injuries sustained on-the-job. In exchange for this prompt recovery, the act prohibits an employee from seeking common-law remedies from his employer, as well as his employer’s agents, servants, and employees, for personal injuries sustained in the course and scope of his employment.

This trade-off, known as the “exclusive remedy” doctrine, forms the basis of Texas workers’ compensation law. However, it is not as straightforward as it seems. Many employers in Texas are exempt from participating in the workers’ compensation system and are known as “non-subscribers”. This distinction has significant implications for injured workers’ legal options. Even when an employer subscribes to workers’ compensation, there may be exceptions to the exclusive remedy rule, allowing an injured employee to take additional legal action. To understand these nuances, it is essential to consult with an experienced attorney familiar with Texas workplace injury laws.

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Understanding the Texas Workers’ Compensation Act: A Detailed Overview

The Texas Workers’ Compensation Act is a legislative framework that aims to strike a balance between the interests of employers and employees. For workers, the main advantage is assurance of benefits regardless of who was at fault. Unlike personal injury lawsuits, where the victim has to prove that another person was negligent, workers’ compensation claims do not require proof of fault. If an injury occurs while a worker is performing their duties, they are usually eligible for benefits.

For employers, the main benefit of participating in the system is predictability. This means they can avoid lawsuits from injured employees as the system provides protection against such lawsuits. This helps businesses manage risk effectively by avoiding potential financial impacts of large jury verdicts. However, this protection comes with certain obligations for employers. They must carry insurance, offer alternative benefits and report injuries promptly. They also must cooperate with claims processes to ensure the system works properly and everyone is treated fairly.

It is also important to note that not all workers are covered by the TWCA. For example, independent contractors are generally excluded from coverage. Additionally, different industries and types of employment may have different rules. When evaluating your case, an attorney will often begin by determining whether you are an employee covered by the Act.

  • The depth and breadth of Sandy McCorquodale’s experience allows him to analyze legal issues at a level that most lawyers miss. He is probably the smartest and most knowledgeable lawyer in the State of Texas. When lawyers need a lawyer, they call Sandy.
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Benefits Available Under the TWCA: What You May Be Entitled To Receive

One of the most significant aspects of workers’ compensation is the variety of benefits available to injured employees. These benefits aim to address both immediate and long-term consequences of a workplace accident.

Medical Benefits

Under the TWCA, employees who have been injured are entitled to receive all necessary medical treatment for their work-related injuries or illnesses. This includes visits to doctors, hospital stays, surgery, prescription medicines, physical therapy, and medical equipment. It is important to note that these benefits are provided without any co-payments or deductibles and there is no limit on the total amount that can be spent on medical care.

Income Benefits

When an employee suffers an injury that prevents them from working, various income benefits can help replace some of their lost wages. Under the TWCA, there are several types of these benefits:

  • Temporary Income Benefits (TIBs) are paid while the employee is recovering from the injury.
  • Impairment Income Benefits (IIBs) may be available if the employee has reached maximum medical improvement, but still has a permanent disability.
  • Supplemental Income Benefits (SIBs) can be provided for employees with severe and permanent disabilities who continue to experience wage loss.
  • Lifetime Income Benefits (LIBs) are reserved for the most severe injuries, such as the loss of both hands, feet, eyes, or the result of a traumatic brain injury.

Death Benefits

Unfortunately, some workplace accidents can lead to fatal outcomes. In such cases, the TWCA provides financial assistance to surviving family members, including spouses, children, and other dependents. This assistance includes covering funeral expenses and providing ongoing income support.

Dispute Resolution

If a claim is denied or benefits are challenged, the TWCA provides a structured process for resolving disputes, including benefit review meetings, contested hearing sessions, and appeals. This administrative process can be complicated, and having legal assistance significantly improves the chances of a positive outcome.

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The Claims Process: What to Do Immediately After an Injury

After a workplace injury, taking the right steps can make a significant difference in your claim’s outcome. Here are some practical tips to help protect your rights:

  1. Seek Medical Attention Immediately: Even if the injury seems minor, it’s important to get prompt medical treatment. This will help ensure that your condition is properly documented and can be linked to the accident.
  2. Report the Injury to Your Employer: According to Texas law, you must report work-related injuries to your employer within 30 days. Failing to do so could jeopardize your claim, so it’s crucial to take action promptly. Provide written notice, if possible, and keep a copy of the report for your records.
  3. Document Everything: Take photos of the accident scene and your injuries. Also, collect contact information from any witnesses. Keeping a journal of your symptoms and medical appointments can help prove the severity of your injury and its impact on your daily life.
  4. Seek Legal Advice: Before providing statements to insurance adjusters or signing any documents, consult with a lawyer who specializes in work-related injuries. Early legal advice can help prevent costly mistakes and strengthen your case.
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Employers may opt-out of the workers’ compensation program. When they opt-out, they are considered a “non-subscribing employer,” and they forgo certain benefits provided by the TWCA. In particular, the TWCA vests employees of non-subscribing employers with the right to sue their employers for work-related injuries, and the TWCA deprives the non-subscribing employer of the traditional common law defenses of contributory negligence, assumption of risk, and the fellow-servant rule. The Texas workers’ compensation construct contemplates two systems, one in which covered employees may recover relatively quickly and without litigation from subscribing employers and the other in which non subscribing employers are subject to suit by injured employees to recover for their on-the-job injuries.

Although Texas law creates an incentive for employers to obtain workers’ compensation insurance coverage by eliminating certain defenses, a non-subscribing employer is not automatically obligated to compensate an injured employee. Instead, an employee-plaintiff must prove the elements of his negligence or other claim just as any other litigant. Section 406.033(d) of the Texas Labor Code provides that in an action against a non-subscribing employer, “the plaintiff must prove negligence of the employer or of an agent or servant of the employer acting within the general scope of the agent’s or servant’s employment.” Tex. Lab. Code Ann. § 406.033(d). The TWCA creates a system in which the employee of a non-subscribing employer must prove the negligence of the employer, but the employer cannot rely on the defense of contributory negligence, assumption of risk, or the fellow-servant rule. 

Texas law recognizes that an employer owes its employees certain non-delegable duties, including:

  • To provide them a safe place to work.
  • To furnish the employee with safe and suitable equipment so that he may carry on the work with reasonable safety.
  • To provide proper instruction and training for performing assigned tasks. 
  • To provide adequate help in performing a work assignment. 
  • To warn employees of potential hazards. 
  • To affirmatively provide medical care and assistance to an employee when the employee is incapable of helping himself and has an immediate and urgent need for medical assistance. 

An employer must exercise ordinary care, based on standard negligence principles, in carrying out these duties. If an employer is negligent in carrying out these duties and causes the employee’s injury or death, the employer may be liable to pay damages. 

If you or a loved one has been killed or seriously injured in an on-the-job injury, contact the law firm at (833) 712-4472 to learn more about your options. Your initial consultation is completely free and confidential.

The law firm can meet you at home, in the hospital, or at the law firm’s office. The law firm can also meet you via videoconferencing for a contactless discussion.

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