Texas Appellate Court Releases Important Work Injury Opinion
The 8th District of the Texas Court of Appeals, released a key work injury opinion in early November. The case was Painter V. Amerimex drilling and it provided some clarification about the course and scope of employment standard and how it applies to various situations. The case also illustrated once again how complicated navigating Texas work injury law can really be. If you have been injured on the job, you deserve full and fair compensation and hiring an experienced San Antonio work-related injury lawyer is crucial.What Happened in this Case?
Steven Painter and his co workers had just finished their shift on a drilling rig and were in transit to a company provided bunkhouse that was located 40 miles away from the jobsite. Unfortunately, Painter was involved in a very serious car accident on the way to the bunkhouse. The contested legal issue became whether or not Painter, and his coworkers, were still in the ‘course and scope’ of employment under Texas law when the car accident occurred. In the case the issue was even more complicated because the Appellate Court concluded that determining the burden of proof for establishing course and scope is different depending on the type of claim. The burden the injured employee must meet to prove course and scope is much lower in cases that arise under the Texas Workers’ Compensation Act than it is in cases that involve vicarious liability. Texas work injury law gets extremely complicated, hiring an experienced workers’ compensation attorney is a must. The most important thing is that you, as an injured worker, get every penny that you fairly deserve and an experienced attorney will use every legal avenue possible to make sure that happens.What is the Course and Scope of Employment Standard?
Course and scope of employment is one of the most frequently, and fiercely, contested aspects of Texas work injury law. The reason for this is simple, in order to collect for a workplace injury, an employee must show that the injury actually occurred in the course and scope of their employment. Texas defines course and scope of employment as an activity that has to do with the work and is done in furtherance of the affairs of the employer. This means that an employee does not necessarily have to be on a job site to be acting within this standard.Contact An Experienced San Antonio Workers’ Compensation Attorney
Texas work injury law is complex. This case highlights some of the more subtle grey areas of the law. Fighting for full and fair compensation after a work injury is always going to be a challenge, even if you are covered by workers’ compensation insurance. At the Law Offices of Ronald A. Ramos we believe that Texas workers are the backbone of the economy, and that worker safety is of the utmost importance. All Texas workers deserve safe working conditions and all Texas workers deserve full compensation for workplace injuries. If you have been injured on the job, do not put your legal rights at risk. You need the professional representation of an experienced attorney who understands the complexities of Texas law. Contact our office today to schedule a free case evaluation as soon as possible.