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Dane Patrick writes on the Texas Supreme Court opinion shielding employers from liability who are covered by workers compensation

An injured employee’s exclusive remedy for injuries sustained on the job  is to recover workers compensation benefits, except when the employer intentionally causes the injuries. Berkel & Co. Contractors, Inc. v. Lee, 612 S.W.3d 280 (Tex. 2020). This SCOTX case shows how exceedingly difficult it is to prove this exception.

This case involved a commercial construction project in Houston Texas. Berkel & Company Contractors was hired by the general contractor to drill foundations for a large office tower. The general contractor required Berkel to participate in the “general contractor-controlled insurance program” that “provided uniform workers’ compensation benefits to workers” on the job site. Berkel & Co. Contactors, Inc. v. Lee, supra, *282.

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Dane Patrick

Dane Patrick has been protecting businesses, individuals, and families in high-stakes commercial litigation since 1987. The majority of his practice is devoted to the litigation and trial of complex business and fiduciary disputes. These cases often include claims for breach of corporate and part...


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