One Texas metalworker is suing two companies due to injuries he sustained while working. He alleges in his suit against Alabama Metal Industries and Automation Temporary Service that they failed to follow all relevant Occupational Safety and Health Administration (OSHA) regulations, properly train him for his job, provide adequate supervision, and provide necessary tools and safety gear. Because of this negligent behavior, he hurt his right hand at work in October 2015 and suffered medical expenses, physical pain, mental suffering, and lost earnings. Ultimately, the worker is seeking between $200,000 and $1 million in damages for his physical, psychological, and financial injuries.

Workers’ Compensation in Texas

Under Texas law, most employers are not legally required to purchase workers’ compensation insurance. When businesses do provide workers’ compensation coverage, injured employees have the ability to get their medical expenses covered and obtain a portion of their lost wages. In this situation, workers usually do not have the right to sue their employer. Workers’ compensation is their exclusive remedy.

A 23-year-old El Campo man passed away in early April after being injured in a construction site accident. Another man was left in critical condition. The accident was the result of a front-end loader moving heavy equipment around the worksite. The driver of the front-end loader and the individual directing him did not see either victim before setting down a set of wheels and a large tire, which crushed them. Both were flown by helicopter to a Houston hospital.

Unfortunately, accidents like this are all too common. Construction sites have a great deal of large vehicles and heavy equipment, which if not operated, maintained, and stored properly can lead to injuries and deaths. Construction vehicles and machinery are particularly risky as they often have blind spots, limited visibility, and limited maneuverability. Drivers and those helping direct them need to remain vigilant and cautious at all times.

If you were injured or lost a loved one in a similar construction accident, do not hesitate to reach out to a skilled New Braunfels construction accident attorney. An attorney can review your situation and confirm whether you may recover through workers’ compensation insurance or whether you need to file a claim against the responsible party for compensation.

A Dallas man wants the Texas opt-out system to become the norm in workers’ compensation plans across the United States.

With a client list that includes some of the country’s largest retailers, his plan is to get opt-out laws passed in a dozen states over the next ten years. Generally, employer-sponsored plans are much more limited than state-mandated workers’ compensation; for example, one large fast-food retailer does not cover carpal tunnel syndrome, which is rather common in cashiers, and a senior living center does not cover most bacterial infections. Moreover, in Texas, most employer-sponsored plans only expenses for two years, even if the victim suffered a lifelong disability.

Advocates claim that opt-out plans, although they may not provide as much coverage, remove the uncertainty that comes from lawmakers continually chipping away at workers’ compensation benefits.

Federal prosecutors in Dallas charged 28 federal employees and private doctors with over $8.7 million in a workers’ compensation fraud case.

According to court documents, the workers claimed they were injured on the job, the doctors fraudulently diagnosed the injuries, and claims officials received bribes and kickbacks in exchange for the approval of the disputed claims. Under the law, these workers would have been entitled to as much as 75 percent of their wages, in addition to reimbursement for medical expenses, prescription drugs, and other out-of-pocket costs. Prosecutors claim that an additional $11 million in claims might have been paid had the “sprawling corruption scheme” not been exposed.

Each of the defendants has agreed to plead guilty and each may receive up to 15 years in prison.

When Arlington billionaire Angus Wynne opened Six Flags Over Texas in 1961 on August 1, 1961, he envisioned the theme park as a way to create a temporary revenue stream on a vacant piece of property until it could be redeveloped. But visitors flocked to the new park, and he recouped his $3.5 million investment within about 18 months, which changed his mind about redevelopment plans. Today, about 40 million people each year visit one of the more than 30 Six Flags theme parks in North America.

Most modern theme parks in and around Texas, even the outdoor ones, are open ten or eleven months a year. When patrons are injured, what must they prove to receive compensation for their losses?

Landowner Duty