Employer Liability/Workers’ Compensation Nonsubscriber Litigation

  • Litigation Defense
  • Investigation

Eggleston + Briscoe defends employers in workers’ compensation nonsubscriber litigation and conducts investigations into workers’ compensation claims. As a result of proactive investigation and an aggressive defense posture, Eggleston + Briscoe lawyers have successfully helped their clients and their clients’ insurers defend and defeat numerous claims of employer negligence.

Case Results

Summary judgment for home health service.
E+B obtained a summary judgment on behalf of a workers' compensation nonsubscriber home health service based on its lack of control over the premises.
Summary judgment for metal shop.
E+B obtained a summary judgment on behalf of a workers' compensation nonsubscriber sheet-metal shop based on the plaintiff's inability to provide credible expert testimony that his back condition was not pre-existing.
Dismissal of employee’s claims.
In an arbitration, E+B secured dismissal with prejudice of all claims asserted by a nurse against her employer, because the nurse failed to provide an expert report within 120 days of filing her original petition, as required by the Texas Medical Liability Act.
Successful arbitration award.
In a procedurally complex case involving a district court lawsuit, a bill of review, and an arbitration proceeding, E+B obtained a favorable arbitration award dismissing all claims asserted by a driver against his nonsubscribing employer arising from a trucking accident. The firm was able to confirm the arbitration award, dismissing the underlying lawsuit and bill of review.
Advantageous settlement for employer following murder of employee.
E+B negotiated, on behalf of a national trucking firm, a very favorable settlement with the family of an employee killed by a former employee of the trucking firm. The employer managed to entirely avoid a lawsuit and the negative publicity that would have accompanied it.