Texas Injury Resources

If you work for anyone outside of the state or federal government, you have about a 1 in 4 chance that you work for a Texas Non-Subscriber Employer. The industries with highest Non-Subscriber rates include healthcare, educational services, wholesale and retail, trade, transportation, arts, entertainment, accommodation and food services. If you work for the usual large grocery chains, retailers, hotels and restaurants, your employer could be a Non-Subscriber. No matter the size of company or the industry, Texas is the only state where private sector employers can step outside of Workers ... Continue Reading

Workplace Injury Cases on some jobsites can be complicated. The bigger the job, the more likely you have multiple parties working at the site.  If you suffer a personal injury while at a jobsite, determining whether you are able to file a lawsuit depends on a on a few things. First, you have to figure out who could potentially be responsible for causing the incident that caused your injury. Second, you need to figure out whether that person or company could be held legally responsible for your injury (Whose Negligence Caused the Incident?). That means that you need to have some understanding ... Continue Reading

As much as every Texas Work Injury Lawyer would love to be able to give a straight answer, how long a case takes to resolve really depends on several factors. Some of these factors include the seriousness of the injuries, the availability of witnesses and evidence to prove a case, how complex the legal issues are and, where the case can ultimately be filed and tried. Recovering from the work injury as much as possible One thing that I always tell our clients, is that the most important goal for both lawyer and client, is to reach the point where the client has recovered from the injury as ... Continue Reading

At the time of hiring or, when a new insurance policy is purchased, Texas Non-Subscriber Employers require employees to sign an Arbitration Agreement. That arbitration agreement requires that any disputes arising out of the employment, between employer and employee, be submitted to arbitration for resolution of the dispute. This agreement applies to any dispute arising out of an on the job injury. So, if you are injured while working for a Texas Non-Subscriber, if you signed an arbitration agreement, your case against your employer cannot be filed in State of Federal Court. YOUR CASE MUST BE ... Continue Reading

If you get injured at work and you’re sent to the first doctor’s visit but, the doctor does little to determine how injured you are and, you’re sent back to work, should you go back? In short, if you want to keep your benefits, you must follow the recommendations of the physician that you saw even though he may have your employers’ and the insurance’s interests in mind instead of yours, as an injured worker.  If you are hurt and you are concerned that you might injury yourself more if you go back to work, you need to make sure you follow the restrictions the company doctor sets for you but, ... Continue Reading

ERISA (Employee Retirement Income and Security Act of 1974) is the federal law that allows Texas Employers to provide coverage to injured workers under a WELFARE PLAN. In a nutshell, instead of providing injured workers coverage for medical benefits and lost pay under Texas Workers’ Compensation Laws, Texas Employers that adopt ERISA Welfare Benefit Plans provide coverage to injured workers under ERISA and not Texas Worker’s Compensation programs. TEXAS EMPLOYERS THAT PROVIDED INJURY COVERAGE TO EMPLOYEES UNDER AN ERISA PLAN ARE KNOWN AS TEXAS NON-SUBSCRIBERS. If an injured worker is being ... Continue Reading

Pre-existing conditions in work injury cases Work injuries can happen in variety of ways. Because our bodies change through the natural process of aging, employers and their insurance companies rely on test results showing degeneration (age-related changes) to argue that your injury is Pre-Existing. The can use age-related changes seen on X-rays or MRIs to argue that any work injury you are claiming is really a result of natural processes and you do not have a true new (acute) injury. First of all, you should never believe a physician who is telling you that all your complaints of pain are ... Continue Reading

If you get injured on the job, whether you are able to file a lawsuit against your employer depends on a couple of things. First, you must first be able to identify if your employer is Texas Workers’ Compensation Subscriber or, if they are Texas Non-Subscriber? Second, you have to be able to determine if you’re employer’s NEGLIGENCE caused your injury. If your employer has Texas Workers’ Compensation, then, the general rule is that you cannot file a lawsuit against your employer for any negligence that caused your injury. One of the fundamental differences between an injured worker’s rights ... Continue Reading