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State Articles > Texas > workers' compensation

Total Articles: 2

Good News for Texas Non-subscribers, Bad News for Excess Carrier

Ogletree Deakins • September 22, 2010
Texas has its own little corner of the workers' compensation world, as I think it is now the only state that permits employers to opt out of the workers compensation system. It does not come without a penalty, because a non-subscriber employer loses the bar against being sued by its employees for negligence, and when it is sued, loses a number of its common law defenses to negligence such as assumption of the risk, contributory negligence etc.

Texas Supreme Court Rejects Retaliation Suit (pdf).

Ogletree Deakins • August 10, 2005
The state’s highest court recently dismissed a lawsuit brought by an employee who alleged that she was terminated in retaliation for filing a workers’ compensation claim. According to the Texas Supreme Court, the employee failed to provide any evidence that her discharge was unlawful. In so holding, the court reaffirmed that termination pursuant to a neutral absence control policy is not retaliatory.
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