In a memorandum opinion today, the Amarillo Court of Appeals ruled in favor of a woman who lost her son in a tragic on-the-job injury. The case, Texas Mutual Insurance Company vs. Rosa Mendez, Case Number 07-19-00087-CV, involved a worker at a plant that made sand used in fracking. The mechanism that transported product into
Latest from Texas Workers Compensation Law Blog
OSHA adds standards for COVID-19
OSHA has added a page with useful information on COVID-19. https://www.osha.gov/SLTC/covid-19/standards.html
The Cancer Presumption in the Wake of 9/11
In the wake of 9/11, the Texas Legislature took steps to recognize the difficulties firefighters and emergency medical technicians have in proving work-related cancer. As a result, the Texas Legislature passed what is known as the “Cancer Presumption” or Section 607.055 of the Texas Government Code, which states that if a firefighter or EMT suffers
What happens to my workers compensation if I test positive for drugs or alcohol?
What happens to my workers compensation if I test positive for drugs or alcohol?
Often times, someone gets injured on the job and they’re forced to do a urinalysis or a blood test and it tests positive for some type of an illegal substance. When that happens, their claim is denied. So the question
What is the difference between a workers’ compensation claim and a non-compensation claim?
What is the difference between a workers’ compensation claim and a non-compensation claim?
Texas is one of the few states where you don’t have to carry workers’ compensation insurance. There are employers in Texas that don’t have workers’ compensation insurance. it gets confusing because the employer may carry insurance and they may tell their
Can I sue my company for causing my injury?
Can I sue my company for causing my injury?
Unfortunately in Texas, if your employer carries workers compensation insurance, your only rights of recovery are through workers comp. That means that you can’t sue your employer for causing your workers’ compensation injury. There are certain times when maybe you can’t sue your employer for
Can the company I work for fire me for filing a workers’ compensation claim?
Can the company I work for fire me for filing a workers’ compensation claim?
If you feel threatened by your company because you want to follow workers’ compensation claim, don’t feel threatened. In Texas, it is illegal for a company to retaliate both against an individual who gets hurt on the job, as well
Can I just get a settlement and be done with it?
Can I just get a settlement and be done with it?
I get asked all the time, “Can I just take a settlement and just be done with this workers’ comp insurance company?” In Texas, you can’t do that. In Texas, when your employer carries workers compensation insurance, that protects them such that your
I have been injured on the job, what do I do?
I have been injured on the job, what do I do?
When you’re injured on the job, the most important thing for you to do is to report the claim. Now, most companies have a lot of peer pressure on their workers. Like they’ll have some type of a policy that says if there’s
How long do I have to make a claim?
How long do I have to make a claim?
When you get injured on the job, you’ve only got 30 days to let your employer know that you got injured on the job. So it’s very, very important when you get injured you let somebody know immediately. Most kinds of personal injury cases in