Workers' Comp Offers Little Remedy to Many Texas Workers

There is no doubt that Texas workers are being left out to dry due to the exclusive remedy provision in the Texas Workers Compensation Act

Businesses operating in Texas can gain immunity from legal action if an employee is injured as long as they are a "subscriber" under the Texas Workers' Compensation Act, meaning they have insurance as approved under the state's Worker's Compensation law. This law was intended to cut out the legal expenses for businesses whenever a worker was injured, but this has resulted in the state's workers not being properly represented and many of their injuries not receiving proper treatment. Although the workers are supposed to be given medical treatment under this program as well as lost wages, there are several times where the injuries are swept under the rug and the company's doctor does not properly diagnose the injuries the worker has suffered.

Exceptions to this provision are very limited. They include a worker being injured by an intentional tort, or some sort of third party liability being involved. Family members of a worker that has been killed in an accident are able to seek exemplary damages, but even in this instance there must have been gross negligence on the part of the business that is liable.

This law has done a disservice to Texas workers, and although wages have risen significantly in the past several years and the Texas economy appears to be booming in business and energy sectors, many workers are being left out to dry when it comes to properly caring for their injuries that will keep them out of the workforce for years to come.

If you have a question about a workplace injury, call Rice and Sanes LLP at 979.864.3000 or chat 24/7.