Exclusive Remedy and workers’ compensation
If an employer subscribes to workers’ compensation in Texas, the employer, however, may be protected from a lawsuit. In such cases, recovery under the workers’ compensation policy may be the “exclusive remedy” for the injured worker and the worker’s family.
Injuries on the Job
Thousands of people in the United States are injured or killed every year while on the job. According to the United States Department of Labor, 4,679 workers were killed on the job in 2014. Many of these injuries and deaths are in the construction industry and occur from falls, electrocutions, being struck by objects or being caught in between objects.
In many cases, the injury or death occurs because the employers negligently violate safety rules and regulations. The injured party in such cases has a right to bring a lawsuit for their losses under Texas law against the party at fault.
Exceptions to the Exclusive Remedy Provision
There are, however, few exceptions to the exclusive remedy doctrine. One such exception is gross negligence in wrongful death cases. Another exception is when a third party or a contractor who was not covered by workers’ compensation negligently causes the injury or death. In such cases, injured persons may bring a claim against the party at fault outside of the workers’ compensation system.
Contact us for a Free Consultation if you were Injured on the Job.
If you have been injured while on the job, contact FT Law Firm PLLC to determine if you have a valid claim. We are experienced in handling cases in which workers’ compensation may provide a defense. We handle injury and wrongful death cases throughout the State of Texas. Contact us today for a free attorney consultation.