The Texas Supreme Court recently ruled on an issue involving the Texas Workers’ Compensation Act. Keith Clouse, a Dallas, Texas employment law attorney, provides more insight into the Texas workers’ compensation program.
Workers’ compensation insurance provides coverage for medical expenses and lost wages for employees who suffer job-related injuries or illnesses. A Texas employer may opt in to the Texas workers’ compensation insurance program or proceed as a nonsubscriber.
The major advantage of workers’ compensation insurance is a release from liability if an employer is sued by an employee for negligence. Workers’ compensation insurance limits a subscriber’s liability since employees receive only the benefits set by state law. Because an employer must purchase this insurance or self-insure, cost is the primary disadvantage.
Nonsubscribers can be held liable for negligence and gross negligence if an employee is injured at work. Further, nonsubscribers have few defenses to these claims. For example, while a defendant can usually assert a defense of contributory negligence, an employer cannot assert that defense against an employee.
For more information regarding workers’ compensation or to discuss the advantages and disadvantages of subscribing to the Texas workers’ compensation system, contact the Texas employment lawyers at Clouse Dunn LLP at [email protected].
Press Release Contact Information:
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.3833 ( fax)