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Articles Posted in Worker’s Compensation

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Federal District Court Grants Summary Judgment to Trucking Company in Texas Truck Accident Case Involving Multiple Fatalities

East Texas truck wreck cases often involve many legal theories, especially in cases resulting in wrongful death. Some of these theories may be “direct negligence” theories of liability against the trucking outfit that owned the big rig involved in the crash (such as negligent hiring, negligent training, etc.) Sometimes, there…

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Texas Appeals Court Holds that Neither Widow Nor Workers’ Compensation Insurer is Entitled to Summary Judgment in Death Benefits Case Arising From Accident in Truck Supplied by Employer

When a person is injured or killed during an automobile accident, the most obvious form of legal redress is a negligence action against the at-fault driver. However, an east Texas auto accident lawsuit may not be the only remedy in some cases – or it may not be a remedy…

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Case Involving Vehicle Accident Should Have Been Appealed Earlier, Says Texas Appeals Court

We have said it before, and we will probably say it again. When it comes to litigation related to an east Texas automobile accident, time is of the essence. This means that a person who is hurt in a car crash should talk to a lawyer as soon as possible…

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Texas Supreme Court Rules in a Car Accident Case Arising from Accident Allegedly Caused by Drilling Company Employee

An issue that sometimes comes up in an east Texas car accident case is whether or not a certain business or company is vicariously liable for a crash caused by someone who worked for that business or company. The resolution of this issue can greatly affect the amount of monetary…

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Texas Court Holds That Injured Driver is Limited to Recovery of Actual Losses in Accident Case Involving Multiple Insurance Companies

Insurance is a good thing. In a Texas auto accident case, the settlement or judgment ultimately received by an injured person usually comes from the negligent driver’s liability insurance company. If the defendant did not have insurance (or didn’t have enough coverage to fully compensate the injured person for his…

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Texas Court Dismisses Negligence Lawsuit Against Garbage Company, Based on Exclusive Remedy Doctrine of Texas Workers’ Compensation Law

Generally speaking, Texas law prevents those who are entitled to receive workers’ compensation benefits from filing a negligence lawsuit against their employer or co-workers. Of course, who exactly is or is not an “employer” can be the subject of great dispute. Recently, a Texas appeals court was called upon to weigh in…

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Texas Court Holds that County Owed Attorney Fee for Representation of Its Subrogation Interest in Employee’s Car Accident Lawsuit – Harris County v. Knapp

It is not unusual for an attorney to represent a person injured in an automobile accident on a contingency fee basis. Under such an agreement, no money is required up front. Instead, the attorney is paid a percentage of the settlement or judgment when the case is over. Both the…

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Refinery’s Parent Company Should Have Been Allowed to Designate Recently Non-Suited Defendant as Responsible Third Party – In re CVR Energy, Inc.

On-the-job injury and wrongful death lawsuits can be complex and procedurally difficult at times. Sometimes, multiple defendants are named, and, as the case evolves, they may stand united in their denial of any wrongdoing, or they may begin to point fingers at one another, especially if the ultimate outcome of…

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Beneficiary of Texas Man Killed in Car Accident Was Entitled to Workers’ Compensation Death Benefits – American Casualty Co. of Reading, Pennsylvania v. Bushman

If you’ve been involved in a car accident, you may be wondering whether you really need to hire an attorney. You have what seems like a straightforward case, so you’re confident that the other driver’s insurance company will offer you a generous settlement. In reality, insurance companies are notoriously tight-fisted, even…

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Texas Court Reviews Request for Death Benefits in Fatal Motor Vehicle Accident

Far too many car accidents on Texas roads involve drivers who are under the influence of alcohol or drugs. According to the Texas Department of Transportation, in 2014, there were more than 6,700 crashes that involved a DUI. In Smith County alone, there were 219 accidents in which at least one…

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