Law Office of Alan Tysinger

No-Knock Warrants, Workers' Compensation Impact, and Potential Reforms

No-knock warrant is the legal term for a warrant to enter the premises of a suspect without knocking and announcing police presence. Recently this type of search warrant gained notoriety due to the death at the hands of police of Breonna Taylor, who was apparently unarmed and shot by police... Read more →

Tyson Chicken COVID-19 Wrongful Death Suit Filed in Texas

The family of a worker at a Tyson chicken facility in Texas has filed suit following her wrongful death due to COVID-19. How hard a case will this be? Depends how you frame the causation question. If it is "How can we know whether she got COVID-19 at work?" it... Read more →

Wrongful Death Trial Against Employer Begins in Oilfield Accident Case

There is a trial underway in a fatal oilfield accident case involving multiple companies, including Patterson UTI, Red Mountain Operating, and National Oilwell Varco. National Oilwell Varco is the remaining defendant after others settled out. This case illustrates the hazards that workers face in the oilfields in Oklahoma and Texas,... Read more →

Public Interest Report Highlights Dangers of Oilfield Work

Everything comes at a cost, and US energy independence and abundant production is no exception. This is no value judgment. It is just a sober assessment that benefits have costs and this is not an area immune from this reality. A recent report highlights this convergence of energy production increases... Read more →

Case Law Update (from 2017 Advanced Workers' Compensation Seminar, State Bar of Texas

My notes from presenting the case law update at the 2017 Advanced Workers' Compensation Seminar in Austin. Case Law Update 2017 State Bar of Texas Advanced Workers’ Compensation Seminar Alan D. Tysinger Course and scope of employment, Issues vs. arguments, Statutory violation Martinez vs. State Office of Risk Management, 04-14-00558-CV... Read more →

What about funeral expenses in a death claim?

In a workers' compensation claim for death benefits, the insurance carrier can be held liable to reimburse for eligible funeral and burial expenses This amount is capped off at $6,000.00. The payment of these expenses is required under the Texas Labor Code: § 408.186. BURIAL BENEFITS. (a) If the death... Read more →

How are Death Income Benefits determined and paid?

DIBS are paid when you are an eligible beneficiary of a worker who either died on the job, sustaining a compensable death, or died as a direct and natural result of the original compensable injury. Death benefits are 75% per week of the pre-injury average weekly wage. This is more... Read more →

What are the different income benefit types?

There are four basic types: temporary income benefits (TIBS), impairment income benefits (IIBS), supplemental income benefits (SIBS), lifetime income benefits (LIBS) and death income benefits (DIBS) SIBS are paid if you have at least a 15% impairment rating, the impairment benefits have expired, and you meet the filing criteria for... Read more →

How do I file a claim for death benefits?

You must file a form DWC-42 or apply online at TXCOMP. Send the completed DWC Form-042 to the TDI-DWC at the following address: Texas Department of Insurance, Division of Workers' Compensation 7551 Metro Center Drive, Suite 100, MS-94 Austin, Texas, 78744-1645 The application for death benefits should include proof of... Read more →

How do I know if I am eligible for death benefits?

You are eligible for death benefits if you are the eligible beneficiary of someone who sustained a compensable injury resulting in death. That means either the person died on the job or sustained an injury and later died from the effects of that injury (such as complications from surgery or... Read more →