How to Use the Texas Workers’ Compensation Database to Find Out if Your Employer Has Workers’ Comp Coverage
If you're hurt on the job in Texas, one of the first things you need to do is figure out if your employer has workers' comp coverage. The reason for this is because Texas does not force companies to participate in the workers' compensation program. What that means, practically speaking, is that your employer could...
Strong Winds: Acts of God and “Acts of God”
Hurricane Harvey may have dissipated, his awful work complete, but no sooner did the vicious storm subside than his girlfriend Irma turned up to continue in his absence. I feel for those suffering through the intense rains and flooding, the gale-force winds, and the cumulative threat to life and property. Sadly, the Gulf states have...
How Might New Safety Equipment Affect Texas Work-Injury Law?
Industries with a lot of manual labor often invest in developing safety equipment for their employees. Goggles and hard hats may not look like much, but they're carefully designed and rigorously tested to protect as many eyes and noggins as possible. Harnesses, gloves, reflectors, and other pieces of safety gear follow the same idea: An...
Law Professors Misunderstand Texas Work Injury Law
UPDATE: Way to go Austin American-Statesman! It appears the editorial has been removed from their website. An editorial appeared in the Austin American-Statesman that was troubling, to say the least. Law professors Thomas McGarity and Sid Shapiro opined on the need for Texas to strengthen its workers' compensation laws and among other things end the...
Does Tyson Bully Injured Workers with Post-Injury Waivers?
We owe a hat tip to a reader who sent along an older, but still fascinating piece from ProPublica. The story details efforts around the country by companies to influence workers' compensation laws in favor of employers. One of the more shocking aspects of the story is how it details efforts of companies to exploit...
The Routine Job Defense and Foreseeability: Analysis
Worker's compensation is, on the surface, a helpful institution. It's guaranteed recompense if you're hurt in the line of duty, from dish washing to long-haul trucking. And why not? It's not unreasonable to think that an employer should try to keep employees from getting injured on the job. They are, in fact, obligated by law...
Attention Truckers: You’re Not Always On The Clock When You’re In the Sleeper Berth
When an trucker is injured while in the sleeper berth of his rig, he may have an injury lawsuit on his hands, not a workers' comp claim. In most instances, when an employee is injured on the job, their losses (wages, medical bills, etc.) are covered by a worker's compensation plan, meaning they file a...
Loading Dock Accidents Are Entirely Preventable
It's often said that complacency causes injuries. People let their guard down, or they stop following rules they know they should follow and someone gets hurt. But perhaps the worst example of this is when people talk about highly preventable accidents as if they're some phenomenon that's destined to occur, and there's no way around...
How Employers Often Get Away with Negligence
The vast majority of people, though they might take it for granted sometimes, understand that they have the right to sue those who cause harm to them or their families. One would think that this right would extend to anyone under any circumstances. Unfortunately that's not always true. In most cases where someone is injured...
OSHA Does Not Care About Your Work Injury or Wrongful Death Case
Somehow OSHA has become a household name to the victims of workplace injuries and fatalities, yet there seems to exist an entirely inaccurate understanding of what OSHA actually does following a workplace accident. Simply put: OSHA doesn't care about your lawsuit. At first, that probably sounds a bit harsh. After all, OSHA are the go-to...
