Texas Workers Comp Lawyer Helps Injured Road Construction Worker

There are many types of work, especially in construction, where an experienced Texas Workers comp lawyer knows workers may be shared or borrowed by employers. This can create some complications, noted the Texas Workers comp lawyer in the following case. But the lawyer successfully explained the proper procedures for requiring the responsible employer to pay for Texas comp benefits: helping to avoid delays in the injured worker’s award.

The lawyer had already won an agreement before the hearing started, that the injured road construction worker did have a serious, disabling injury. The Texas Workers comp lawyer had shown how the injured worker was working on a job site of Employer 1 at the time of his injury. The only issue was whether Employer 1 or Employer 2 was the injured worker’s “Employer” at that time, for purposes of making payments under the Texas Comp Act.

The lawyer noted how, on occasion, the companies would “loan” or borrow each other’s laborers. Through wage records it showed that the injured worker was usually an employee of Employer 2. But on the day of the accident, other wage records (obtained by the Texas Workers comp lawyer) showed Employer 1 was actually to pay his wages. The way this was done was that the injured worker remained on the payroll of Employer 2, and Employer 1 acted as a “borrowing Employer.” The lawyer showed how Employer 1 reimbursed Employer 2 for the costs of salary, taxes, and insurance.

Texas Workers Comp Lawyer Used Work Records To Show Supervision Of Work

Having an experienced Texas Workers comp lawyer was essential. In this case, the lawyer knew how to get important work records, showing whose supervisor was supposed to be on the site at the time of the accident. Insurer 1 also argued (unsuccessfully) that Employer 2 had “some” right of control over the injured worker. There were no real facts to support this argument, either. The evidence by the Texas Workers comp lawyer clearly showed that Employer 1’s supervisor at the job site directed all aspects of the job. The lawyer had even asked if Employer 2 had any input about doing the work at the time of the injury. The answer was a clear “No.” Finally

The real test, was to find out whether the employee was subject to the specific direction and control of the borrowing Employer. Applying that test, the Appeals Panel agreed with the Texas Workers comp lawyer that Employer 2 had no right of control over the injured worker at the time of his injury.

A Texas Workers comp lawyer works to help make the system concentrate on the facts of an injury to a worker. This can be especially important whenever an insurer or the Employer may try to find some legal obstacle to making the award. For any injured worker, or in this case, where the worker was “loaned,” it was crucial to quickly find an experienced Texas Workers comp lawyer.