State News : Texas

NWCDN is a network of law firms dedicated to protecting employers in workers’ compensation claims.

NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.  

Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.

Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.




Creative Pleading Abounds


Anecdotally, we are seeing plaintiffs trying novel means of getting around the Labor Code’s exclusive remedy provision which protects insured employers from suits claiming negligence. A recent example is a negligence suit filed by an injured worker where a claim of fraud was tacked on.  Fraud is an intentional tort that may not be covered by the employer’s liability part of the workers’ compensation policy. The lesson? Read the allegations in suits against employers carefully in case there is a coverage issue lurking behind the negligence claim. 

Retaliatory discharge cases are still a favorite of plaintiff attorneys, and are often a way to relief for a worker who can’t overcome the exclusive remedy.  A new case provides a good opportunity for a refresher in the law.  Mr. Frausto was an injured worker who was on light duty who failed to show up for work or inform his employer that he wasn’t coming in.  After he was fired under a consistently applied company policy, he claimed (among other things) that he was fired because he had filed a workers’ compensation claim.  The Corpus Christi Court of Appeals explained that a plaintiff filing a retaliatory discharge claim relying on Texas Labor Code Sec. 451.001 must make a prima facie showing that his workers’ compensation claim was filed in good faith and that there is a causal link between the filing of his claim and his discharge.  He can do this if he proves that he would not have been fired but for his filing a workers’ compensation claim.  The burden of proof then shifts to the employer to show that it had a legitimate, non-discriminatory reason for the discharge.  If the employer succeeds in proving this, then the burden shifts back to the worker to produce evidence of a retaliatory motive. In this case, the employer had a uniformly enforced absence control policy that overcame the claim that its motives were pretextual.  Frausto v. RC Industries, LLC, (Tex. App. - Corpus Christi), January 11, 2024, WL 117601. 

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