Work Injury

Published on: April 13, 2021

Texas Property Owners’ Liability for Employee Contractor Injuries

collection-of-construction-safety-helmet-38070-300x197 The Supreme Court of Texas recently issued an opinion in a case involving a property owner’s liability for injuries an employee contractor sustained while working on the property. The case arose when the two construction workers suffered injuries while working on a condominium project owned by the defendant. The defendant hired an individual instead of a general contractor to manage the project. A high-voltage power line hung behind the property, and the defendants told the project manager about the line because it was “too close” to the building. The project manager advised the plaintiffs to begin the project even though the power line was still intact. While working on the project, electricity shot down the rebar, and the power line snapped, causing the workers to suffer burns and other serious injuries.

The workers filed a negligence lawsuit against the power company and the defendants. The trial court entered a judgment per a jury finding that the property owner was liable under ordinary-negligence and premises-liability theories.

The defendant appealed, arguing that the employee’s evidence was not legally sufficient under Chapter 95. In response, the plaintiffs argued that the Chapter does not apply, the defendant waived some arguments, and the evidence was legally sufficient. Amongst several issues, the defendant argued that they could not be held liable because the danger was open and obvious. Under Texas law, a danger is open and obvious when the invitee possesses “knowledge and full appreciation” of the hazard’s extent and nature. Typically, when the danger is open and obvious, the property owner does not maintain a duty to warn of the danger or make the premises safe. Inquiries regarding whether a danger is open and obvious are not subjective but rather what a reasonably prudent person would have known. Courts will look to the totality of the “particular circumstances.”

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Published on: January 9, 2021

Court Addresses Exclusive Remedy Provision in Texas Workplace Accident Lawsuit

By Carabin Shaw

collection-of-construction-safety-helmet-38070-300x197 Recently, the Supreme Court of Texas issued a decision in a lawsuit stemming from injuries an employee suffered at his workplace. The case arose when a general contractor subcontracted with the defendant to drill a foundation for a commercial construction project. The plaintiff was working as a lead superintendent for the project. On the day of the incident, the subcontractor’s crew began working on a new piling without sufficient grout, contrary to the company’s policy. The defendant’s foreman told the crane operator to rock the auger back and forth to free it from the solidifying grout. After several minutes the foreman told the operator to stop, as it posed a danger. However, the subcontractor’s superintendent overrode the foreman’s instructions and told him to continue. Despite concern that the situation was becoming increasingly dangerous, the subcontractor demanded that the operator continue. As a result, some of the crane’s rollers came off and crushed the plaintiff’s legs, ultimately requiring amputation of his legs.

The plaintiff received workers’ compensation and subsequently filed a lawsuit against the subcontractor for negligence and gross negligence, arguing that the subcontractor waived its exclusive remedy defense. Later the plaintiff amended his complaint, contending that the subcontractor intentionally injured the plaintiff.

In Texas, the Workers’ Compensation Act, (the Act) is the exclusive remedy for eligible employees who seek compensation for work-related injuries. This provision provides medical and disability benefits without considering the fault of either the employer or employee. The Act does not allow lawsuits for an employer’s grossly negligent behavior unless the conduct results in a fatal injury. However, an exception to the bar on lawsuits exists when an employer commits an intentional tort. In order to satisfy the exception, the plaintiff must establish that the employer “believed that its actions are substantially certain to result” in a specific injury to a specific employee, not “merely highly likely to increase the overall risks to employees in the workplace.”

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Published on: November 17, 2020

Texas Court Addresses Assumption of Control in Negligence Lawsuit Against Employer

By Carabin Shaw

CS-San-Antonio-9-300x300 Recently, a Texas district court issued an opinion in a lawsuit stemming from injuries a man suffered during a workplace altercation. According to the record, the plaintiff worked in a storeroom of a clothing store that is operated by a larger company. The plaintiff and another employee became involved in a verbal altercation requiring intervention from a supervisor. The supervisor presented the parties with the options to either quit their jobs, change shifts, or continue working together-they chose to continue working together. About a week after the verbal altercation, the men became involved in another argument, and the employee punched the plaintiff. Both of the men were terminated from their positions. The plaintiff filed a lawsuit against the parent company, arguing that they were liable for his injuries because of negligent hiring, negligent training, negligent supervision, retention, and monitoring. A jury found in favor of the plaintiff, and the company appealed.

Among other issues, the company argued that they were not liable because the men were not employees of the parent company, but rather of a subsidiary. The company argued that the plaintiff did not establish that the defendant had an employment relationship with any of the parties involved, or that they controlled the subsidiary’s safety policies. Therefore, the jury’s finding was not supported by the evidence.

Under Texas laws, the court will sustain a sufficiency of the evidence challenge if there is a complete absence of an essential fact, the trial court is barred by the law to give weight to the evidence offered to prove a vital fact, if the preferred evidence is no more than a “mere scintilla,” or the evidence established the opposite of a vital fact. Evidence rises to a sufficient level if it would allow fair-minded people to differ in their conclusions. Further, if the evidence does not create more than a slight suspicion, it is not sufficient.

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Published on: October 6, 2020

Recovering after a San Antonio Workplace Accident

By Carabin Shaw

pexels-oliver-king-4067795-300x200 Many Texans spend the majority of their time at work. As a result, San Antonio workplace accidents are very common, even for those with jobs that are not physically demanding. Indeed, an on-the-job accident can occur at any moment, and for almost any reason. Thus, all employees need to understand their options when it comes to recovering after a work-related accident.

There are two types of claims that a worker can bring after an on-the-job accident. The first, a workers’ compensation claim, is the more common of the two types of claims. The workers’ compensation system provides employees a simplified way to obtain compensation for a work-related accident without needing to prove that their employer was at fault. Because the workers’ compensation program is a no-fault system, these claims are typically quicker to process than traditional personal injury claims.

The main drawback of workers’ compensation claims is the availability of damages. Injured employees who successfully bring a Texas workers’ compensation claim can obtain benefits for their medical expenses, lost wages, and any decrease in earning capacity. However, unlike a personal injury case, a workers’ comp claim does not entitle an employee to non-economic damages.

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Published on: September 7, 2020

ACCIDENT INJURY REPORT: Three Injured in Oilfield Explosion in Howard County

By Carabin Shaw

Thursday, Sept. 3, 2020: BIG SPRING, TX – Multiple crews responded to the report of an explosion in Howard County on Thursday afternoon.

According to Fire Chief Craig Ferguson, Big Spring Fire and EMS crews along with the Howard County Sheriff’s Office were dispatched to an explosion at a well site in the area off of County Road 40 and County Road 15 at around 3:30 p.m. on Thursday.

Upon their arrival, EMS crews located three victims.

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Published on: March 19, 2020

Employee Rights and Remedies After a Texas Workplace Injury

By Carabin Shaw

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Every year, significant numbers of Texas workers suffer injuries and illnesses related to their employment. These injuries and illnesses range from relatively minor slip and fall incidents to serious life-threatening and debilitating accidents. In some circumstances, Texas workers who suffer injuries at work may be able to recover for their damages. The two primary ways a Texas worker can recover for their injuries is through workers’ compensation or a personal injury lawsuit against their employer.

Workers’ compensation is a government insurance program that provides medical benefits and lost wages to workers who suffer injuries on the job. Unlike most other states, Texas employers can choose whether they want to purchase this insurance. Even though coverage is not mandatory, Texas employers must notify all of their employees and the state if they choose not to provide coverage.

Work-related injuries can have long-lasting and potentially deadly consequences. For example, recently, a news source reported on the death of a third worker at a Texas energy well. The workers were at an oil well site near Austin, when a high-pressure release caused a fiery explosion. The victims were medevaced to hospitals where they succumbed to their injuries. The mother of one of the victims filed a case against the energy company and requested that the court order them to preserve the scene and any relevant evidence. Additionally, she asked the judge to issue an order that would allow her attorneys and family access to the site for an investigation.

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Published on: February 13, 2020

ACCIDENT INJURY REPORT: CHESAPEAKE ENERGY HAS SECOND EXPLOSION INCIDENT

By Carabin Shaw

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Google Earth

Bryan, Texas, February 8, 2020: A second explosion happened at one of Chesapeake Energy’s oil wells in the Eagle Ford Shale just two weeks after a Jan. 29 deadly explosion at a Chesapeake Energy oil well site in nearby Burleson County. Three men were killed and one man was left hospitalized in the Burleson incident. Bryan Maldonado, 25, and Windell Beddingfield died in what is the deadliest oilfield accident since January 2018.

Authorities are investigating the accident which occurred about 1 a.m. Saturday at a storage tank on the company’s Luther lease off Sandy Point and Old San Antonio Roads in a rural area of Brazos County about eight miles northwest of Bryan.

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Published on: February 3, 2020

ACCIDENT INJURY REPORT: Three Dead in Burleson County Oil Explosion

By Carabin Shaw

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Photo Credit: KWTX

(BURLESON COUNTY, Texas, Feb 3, 2020) Three oil field contractors have died and another is still in the hospital after an oil well blowout and the resulting fire in Burleson County, Texas.

The accident happened at a well site near Deanville, on County Road 127 and FM 60, southwest of Bryan on January 29th. The Chesapeake Energy owned well was undergoing major maintenance operations by contractors employed by CC Forbes and Eagle Pressure Control when the explosion occurred.

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Published on: January 27, 2020

ACCIDENT INJURY REPORT: Two People Killed in Houston Gas Explosion

By Carabin Shaw

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Photo Credit: KTRK

(HOUSTON, January 27, 2020) Two people were killed in a gas explosion in northwest Houston at a manufacturing warehouse on Friday the 25 at around 4:30 a.m. After the explosion the Houston Fire Department reported that 48 people had to be sheltered and 18 people were sent to local emergency rooms for injuries.

Officials have identified Gerardo Castorena Sr. and Frank Flores as the two victims who were killed in this fatal explosion.

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Published on: January 16, 2020

ACCIDENT INJURY REPORT-GALVESTON BOAT COLLISON

By Carabin Shaw

GALVESTON, Texas Jan. 14, 2020 — One person is dead and two others are missing after a boat crashed in Galveston on Tuesday around 3:35 p.m. approximately 1.5 miles offshore near East Beach. The Coast Guard said four people were in the water in need of help after the 81-foot fishing boat named Pappy’s Pride and a 600 ft. chemical tanker called the Bow Fortune collided near the Galveston Jetties.

Coast Guard resumed searching for missing crew members of the fishing boat Pappy’s Pride that capsized after the collision near the Galveston jetties. Two fishermen were pulled from the water with the help of Good Samaritans nearby and were transported to the hospital. One of the fishermen died despite CPR efforts, the Coast Guard said.

The search for the remaining two is ongoing. Dense fog was impacting recovery efforts and forced crews to halt search efforts Tuesday night. Recovery operations resumed Wednesday morning. We will update the story as it develops.

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