Many employers in Texas are trying to save a few dollars by carrying their employees as independent contractors. As an independent contractor, the employer need not provide medical benefits or other types of benefits. But, as an independent contractor, the injured employee can sue the employer for tort injuries. In Stevenson v. Waste Management of
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
Unlike Texas, some states still have a viable worker’s compensation system that produces valuable benefits for workers. One such state is California. So, as we might expect, the worker’s compensation docket is much more competitive than here in Texas. One defense firm sought an extra edge. It allegedly hacked into online stored legal files for
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
There are some areas in which Texas does not want to be the national leader. But, Texas is the national leader in work place deaths. The state had 524 work place deaths in 2014. That was an increase from the 508 deaths in 2013. Texas has been the national leader in work place deaths 11
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