Law360.com, a prominent legal news website, recently reported that the Texas Supreme Court agreed to hear an appeal in a case regarding subcontractor liability in work injury cases. The appeal should clarify an important provision of the Texas Workers’ Compensation Act. The case is TIC Energy and Chemical V. Kevin Bradford Martin, and it is set to be heard on February 9th, 2016. Protecting the legal rights of injured Texas workers is of the utmost importance, if you have been injured on the job, please contact a workers’ comp lawyer today.
TIC Energy and Chemical V. Kevin Bradford Martin
Kevin Bradford Martin, an employee of the Union Carbide Corporation, was seriously hurt while attempting to service heavy machinery at work. Unfortunately, Martin’s leg had to be amputated due to the accident. Martin filed for, and received, workers’ compensation benefits from his employer. But, as is the case with most modern industrial job sites, subcontractors were also actively working at the facility. One of those subcontractors was TIC energy and chemical. Martin brought a negligence suit against TIC Energy in relation to his injury.
Clarifying Texas Subcontractor Liability
The Subcontractor in this case, TIC Energy, argues that the Texas Workers’ compensation act shields them from liability in Martin’s negligence lawsuit. The base their argument on the fact that Martin is already receiving workers’ compensation benefits through his employer and, based on their interpretation of Texas law, those workers’ compensation benefits are supposed to be Martin’s exclusive legal remedy. Martin, the injured plaintiff, counters that receiving workers’ compensation benefits only prevents Martin from taking other legal action against his employer, Union Carbide. TIC Energy was a subcontractor hired by Union Carbide on this job site. The question at stake is whether or not the legal protections that Union Carbide receives also apply to the subcontractors they hired. TIC Energy notes that Union Carbide provides the workers’ compensation insurance for TIC energy employees. The Texas Supreme Court is expected to provide some legal clarity on this issue. This case is very complicated and it highlights the complexities between contractors and subcontractors on industrial job sites. But injured workers should not be expected to keep up with legal technicalities. Injured workers just want to be treated fairly and made whole for the injuries they have suffered while trying to provide for their families. If you have been hurt on the job, an experienced San Antonio work injury attorney, who understands the most up to date interpretations of Texas work injury law, can help.
Contact An Experienced San Antonio Work Accident Attorney
Texas work injury cases are quite frequently complex, many job sites now have multiple different employers working side by side on a project. This makes it even more confusing for injured workers to know exactly what benefits they are entitled to and exactly what to do to get those benefits. Upon hearing this case, the Texas Supreme Court will issue some clarification, but there is no doubt that work injuries cases will remain complicated. If you have been injured on the job you deserve full and fair compensation for your injuries. The experienced legal team at the Law Offices of Ronald A. Ramos can help you get everything you deserve under the law. Contact our office today to set up a free comprehensive case review.