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from lawsuits for workplace illnesses and injuries is obviously not available. In those cases, employees may be able to sue their employers for the tort of neg- ligence, among many others. This is pre- cisely the remedy available for employ- ees of Texas employers who, by law, are permitted to opt out of the state Workers Compensation system. These so-called “non-subscriber” employers take on themselves


the responsibility to pro-


vide medical care and income guaran- tees that are provided under traditional workers compensation coverage. How- ever, they also have exposure to lawsuits based on negligence theories. Because of the unique nature of the Corona-virus and whether there are any long-term ef- fects from the infection, it is difficult to know if there will be extended or perma- nent health problems preventing an em- ployee from returning to work without limitations. If there are, it could prove even more costly to non-subscribers.


About the Author Richard D. Alaniz is a partner at Alaniz Law & Associates, PLLC, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to client companies and trade associations across the country. Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or ralaniz@alaniz-law.com.


Just as the best course of action to


prevent employee exposure is strict compliance with the CDC/OSHA and state health agencies’ guidance, those same efforts will help minimize ex- posure to


lawsuits and governmental Technical Questions? A member service from the Investment Casting Institute Ask the Experts


Our panel of experts is here to help.


All posted questions are anonymous and made available to all Institute members.


Visit the ICI website


www.investmentcasting.org for more details...


October 2020 ❘ 49 ®


action. As more information is known about the Corona-virus, the guidance is updated. Continued vigilance is a small price to pay to keep our employees safe and our businesses operating.


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