Legal Question in Personal Injury in Texas

Re: broken knee cap?

It depends on whether or not your employer has workers' compensation coverage. If you are covered by workers' compensation, then the employer is protected from lawsuits for pain and suffering and mental anguish. You would be entitled to all benefits payable under the Texas Workers' Compensation Act, including impairment income benefits that would be related to the permanent damage to your body. Additional information about workers' compensation is available at www.dallasworkcomp.com

If you are not covered by workers' compensation, then there is a possibility that you could sue for pain and suffering, among other things. Every case is fact specific and you would need to consult with an attorney to discuss the particulars of your situation. I recommend Kris Barber at www.thebarberlawfirm.com for these cases.

Re: broken knee cap?

Most Texans are shocked to hear that if their employer carries workers' compensation insurance, the employer is TOTALLY IMMUNE from claims for injuries by its employees. That means you cannot file any kind of claim against your employer for your injury--not for pain, not for mental anguish, not for disfigurement--nothing. By simply purchasing workers' comp for its employees, companies can protect themselves from all claims for injuries by its employees. Even if your employer did not carry workers' comp, you would be required to prove that your employer (or a co-employee) was "negligent" in causing your accident. This is very, very difficult in a "slip-and-fall" case--no matter where it happens. In any "premises liability" case (like this), you have to prove that the owner of the property (or manager or "occupier" of the property) knew BEFORE YOUR ACCIDENT that the floor was "unreasonably dangerous." As you can imagine, that is almost impossible to do--which is exactly what our lawmakers intended. Until we make radical changes down in Austin and throw all of these right-wing Republicans out of office, the laws will continue to favor big business and insurance companies--and the little guy (like you) will continue to get the shaft.

Re: broken knee cap?

If you do not have a workers comp or ERISA plan, then you can sue you employer for all of your damages if you can show that it acted negligently or should have known about the slip hazard. You should contact an attorney to discuss your claim thoroughly.