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Insurer, not employer, to pay workers’ comp benefits

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An employee filing a personal injury claim can seek his exclusive remedy of recovery of workers’ compensation benefits from the insurance carrier, not the employer, the Texas Court of Appeals said in a recent case.

The plaintiff in the case was working when he fell from a ladder, fractured his left heel bone, and injured his left knee and ankle. He filed a lawsuit seeking damages from the defendant, which was doing business as Lopez Carpets, based on negligence and gross negligence.

The suit alleged that the plaintiff was an “on-duty employee” of the defendant, that he suffered injuries within the business premises, and that the defendant failed to provide a safe workplace or safe tools for employees.

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