Will My Non-Subscriber Case Be Heard by a Judge, Jury, or Arbitrator?
After your work injury, you know you have some sort of right to legal action. On TV and in the movies, people have their cases tried before a jury. In real life, however, things don't always work out that way. Below, we'll outline the answers to the following questions for non-subscriber work injury cases: Will...
Who’s Responsible for a Temp Worker’s Injuries?
A common way for people to find work is to use a temp agency. These companies find temporary jobs which might wind up just being short-term projects or lead to long-term employment. We think this is great, of course, as, among other things, it allows workers to try out different fields and companies before settling...
How Do You Arbitrate a Workplace Injury Case in Texas?
Overview of Texas Work Injury Arbitration and Binding Arbitration Agreements Used by Non-Subscribing Employers In this article we'll look at what the process of arbitration is and how the process takes place in a Texas non-subscribers work injury case. Questions Answered on This Page: What is arbitration?Does my Texas work injury case have to go...
What Obstacles Might You Encounter in Your Work Injury Case?
Here are the challenges you'll face in a Texas non-subscriber work injury case: No case is ever simple and all cases have their fair share of curveballs. This is why it's so important to have an attorney who knows how to deal with the challenges your case will encounter, and why it's important for you...
Do Employers Have a Duty to Provide Personal Protective Equipment (PPE) in the Workplace?
Employers Have a Duty to Provide "Personal Protective Equipment" (PPE): There are many workplaces in which employees must wear special protective equipment to prevent injuries. In such environments, employers have a duty to provide protective gear, as part of a larger duty to provide their employees with a safe workplace. However, some employers think this...
What Is the Employer’s Duty of Care Owed to Employees in a Work Injury Case in Texas?
What duty of care do employers owe to their employees? Over the years, the court has recognized that few relationships create a higher duty of care than that of the employer and the employee. Under an employer-employee relationship, the employer exercises control over the employee, makes profit from the employee's sacrifices, and is usually in...
What Is Vicarious Liability and How Does it Apply to Employers in a Work Injury Case in Texas?
Vicarious liability - The reason that employers are responsible for injuries caused by your co-workers. Workplace accidents happen all too frequently, and this article will discuss what happens when the negligence of another employee is responsible for your injury. With a few exceptions, the employer is typically at least partially responsible for any injuries that...
What Are the Different Theories of Employer Liability in a Work Injury Case in Texas?
To prove that your non-subscribing employer was negligent, you must present a "theory of liability." Under Texas law, work injury cases asserted against employers who have opted out of Texas' workers' compensation program (those employers are often referred to as "non-subscribers") are predicated upon claims that the employer caused their employee's injuries through an act...
Can Non-Subscriber Employers Use the Contributory Negligence Defense?
If your employer is a non-subscriber, they cannot claim the contributory negligence defense. When a worker is injured and their employer is a non-subscriber, often the employer will attempt to intimidate the injured worker from filing a lawsuit by suggesting that the worker was partially responsible for their own accident and that this will prevent...
What Is the Not in Course and Scope of Employment Defense?
The Not in Course and Scope of Employment Defense - Non-Subscriber Employers May Use This: Years ago, Texas lawmakers created the workers' comp system to reduce the number of work injury lawsuits, but the interest of respecting the rights of employers to choose for themselves, they gave employers the option to opt in or out...
What Is a Post-Injury Waiver and How Does it Affect Your Case?
Non-Subscriber Employers May Use the Post-Injury Waiver Statutory Defense: When crafting the Texas Workers' Compensation Act, lawmakers wanted to maintain the ability of employers to opt of the workers' compensation system, while at the same time offering encouragement for businesses to join. As a consequence, employers who opt into workers' comp are granted immunity from...
Can an Employer Use the Employee Intoxication Defense in Texas?
Texas Non-Subscriber Defenses: Injury Caused by Intoxicated Employee When your employer doesn't provide workers' compensation coverage, that makes them a "non-subscriber." Non-subscribers are somewhat penalized by Texas work injury law. When lawmakers created the workers' compensation system, they provided for employers to opt in or opt out of coverage. With opting in, employers are paying...
What Is the Sole Proximate Cause Defense?
Non-Subscriber Arguments in Work Injury Law: The Sole Proximate Cause Defense When the Texas Legislature passed the Texas Workers' Compensation Act, which created the modern workers' compensation system, they wanted to incentivize employers to opt into the system, while still maintaining employer's right to not participate in the workers' comp system. In this incentive package,...
Can an Employer Use the “Self-Inflicted Injury” Defense in Texas?
Non-Subscribers Arguments in Work Injury Law: Self-Inflicted Injury In Texas, our state's labor laws allow employers to opt in or opt out of providing workers' comp coverage. As such, there are benefits that they become entitled to if they do subscribe, and there are penalties if they don't; nonetheless, workplaces get to make that ultimate...
What Is the Commonly-Known Hazard Defense in Work Injury Cases?
Non-Subscriber Employer Defenses: Commonly Known Hazard Defense One of the goals of the Texas Legislature when they passed the Workers' Compensation Act was to eliminate lawsuits between employers and employees. To this end, the legislature greatly reduced the number of defenses available to employers when they are sued by an employee after a work injury...
When Can an Employer Use the Routine Job Defense?
Employer Defenses in Texas Non-Subscriber Cases: Routine Job Defense: Texas law gives employers the option of whether or not they wish to participate in the Worker's Compensation System. Employers who opt into the system, subscribers, provide work injury insurance for their employers in exchange for immunity from negligence lawsuits. Those who choose not to participate...
What Are the Elements that Must be Proven in a Texas Non-Subscriber Work Injury Case?
Elements of a Texas Non-Subscriber Work Injury Case In this article, Texas work injury attorney Michael Grossman will explain what the elements of a Texas non-subscriber case are and how an attorney proves these elements in court. Questions answered on this page: What are the elements of a Texas non-subscriber case?How do non-subscriber cases differ...
What is the Pre-Existing Injuries Defense?
Non-Subscriber Defense Argument: Pre-Existing Condition Under the Texas Labor Code, employers have the option to opt in or out of workers' compensation coverage. If they choose to opt out of workers' compensation coverage, they are considered "non-subscribers." When an employer is a non-subscriber, an employee must sue the employer and prove damages in order to...
What is Course and Scope of Employment?
Texas employers are only liable for injuries that happen in the "course and scope of employment". If you have been injured at your place of work, your employer will often try to avoid paying for your work accident. To avoid paying, employers will often argue that an injured worker was acting outside the course and...
How Can Expert Witnesses Be Used in a Work Injury Case in Texas?
Expert witnesses can be invaluable to your Texas work injury case. A lot of people are under the impression that attorneys are the only experts they'll need on their case. But in truth, some topics are so technical that its best to have a bona fide subject matter expert to explain the technical nuances of...