A Texas employer has “won” a case that shows why going without workers’ compensation insurance can be expensive even in the best of circumstances. It persuaded a Texas appeals court that an accident—not negligence—caused a nurse’s injury, but only after spending thousands of dollars to defend itself.
Recent case: Nurse Mary Haferkamp injured herself while assisting a nursing home resident. Because the nursing home chose not to participate in the Texas workers’ compensation program, Haferkamp had to sue for negligence to pursue compensation.
But a court determined that the injury really was an accident, so she did not recover anything for the injury. (Haferkamp v. SSC Waco, No. 10-10-00171, Court of Appeals of Texas, 10th District, 2012)