Luis Cristain sustained an injury at work. His employer, Hunter Buildings and Manufacturing, fired him soon after he fell from scaffolding. Eight days later and a few days after filing a claim for worker’s compensation benefits, the employer moved him to a position where he would be supervised by Kevin Edmonds. Mr. Edmonds had already
Texas, like most states, adopted the worker’s compensation scheme decades ago. Worker’s compensation essentially provides coverage for workers for on-the-job injuries. In return for workers compensation, workers give up the right to sue for simple negligence. But, worker’s compensation does not apply to gross negligence if death results. Gross negligence is worse than simple negligence.
The arbitration system is harmful to employees. ERISA is often harmful to employees. So, what happens when a case involves both arbitration and ERISA? Mucho harm to employees. That is the subject of a NPR report that address the ERISA law and worker’s compensation. See NPR report. As the report explains, Kevin Schiller was
National Public Radio and Propublica have been running a series on worker’s compensation systems in various states. One such state is Texas. Billy Shawn Walkup worked for Tysons Foods in Vernon, Texas. Tyson is self-insured, meaning they do not carry worker’s compensation insurance. Instead, the company itself pays for the medical care of workers injured
The Texas worker’s compensation system has been broken for many years, ever since the state passed a pack full of so-called reforms in the late 1980’s. Now, we learn that Texas Mutual Insurance Company, one of the largest providers of worker’s compensation insurance in the state, has a sweetheart deal with the Travis County District
I first wrote about this issue here. John Gibson, a lawyer in North Texas, picked a name for his blog, www.texasworkerscomplaw.com. The Texas Department of Insurance, Workers Compensation Division, sent him a "cease and desist" letter accusing him of violating a state statute that forbids the use of "texas" and "workers compensation" in connection
Many laypersons people are familiar with the retaliation part of Title VII of the Civil Rights Act of 1964. That anti-retaliation provision prohibits retaliation against someone who opposes discrimination. Title VII is a federal statute. Texas is an at-will state. But, even so, Texas does have a few state anti-retaliation statutes.
Texas prohibits reprisal
Worker’s compensation protects employees who suffer on-the-job injuries. The worker’s compensation scheme was devised back in the 1920’s and 1930’s as a way to prevent lawsuits against employers. The intent was to provide some modest level of compensation for workers who get injured. In return, employees would give up the right to file personal injury
A Lubbock, Texas lawyer has filed suit against against the Texas Department of Insurance, Worker’s Compensation Division because the Texas Dept. of Insurance sent him a "cease and desist" letter. The TDI had sent John Gibson a letter warning him to stop using the words "Texas" and "worker’s compensation" in the web address. Mr. Gibson
In a recent settlement with the EEOC, Sears Roebuck agreed to pay $6.2 million to resolve claims made by persons with disabilities. Sears also agreed to enter into a consent decree, which means Sears agreed to perform many other non-monetary tasks in settlement of the claims. The EEOC represented persons with disabilities who had worked