Home Depot was recently entangled in a personal injury lawsuit filed against it by an employee who hurt his back loading a lawn mower onto a customer’s trailer. Discovery [pretrial fact finding] ensued, which is where important lessons—for all Texas employers, not just those that opt out of workers’ compensation—were dealt out by the Beaumont Court of Appeals.
Recall that around 30% of employers doing business in Texas don’t subscribe to workers’ comp. Texas is one of a few states allowing this opt-out. Such employers are called nonsubscribers. As a result, employees