A lawsuit has been filed against USP Texas, L.P., Tenet Healthcare Corporation, and Baylor Scott and White Health, d/b/a Baylor Scott and White Medical Center-Frisco, TX, by a resident of Bryan, Brazos County, Texas. The claimant, a 38-year-old nurse who was working as a surgical technologist at the Baylor Scott and White Medical Center in Frisco, sustained serious injuries after being hit by a surgical cart. It was her first day on the job.
Cause No. 429-00182-2023 – 429th Judicial District of Collin County, Texas
The incident occurred when a coworker, who was pushing a cart weighing around 70 lbs. at a fast pace, hit the claimant with excessive force. The claimant said she was walking in the hallway when suddenly felt the hit, followed by a popping sensation in her back that made her legs give out. The claimant went to the ER where x-rays of her back revealed a broken tailbone. Further medical analysis showed additional injuries derived from the incident.
The lawsuit alleges that USP Texas, L.P., the claimant’s employer, and operator of the premises, who is responsible for providing a safe work environment, failed to do so. The lawsuit also asserts a state law negligence claim against the Respondent for being unable to properly train and instruct employees to reduce the risk of such occurrences. In addition, it states that the claimant is seeking common law relief as the Respondent’s employer failed to supply Workers’ Compensation coverage in accordance with Texas law. The claimant is seeking damages for the workplace injuries sustained and the resulting damage. The case is currently ongoing.
Workplace accidents are unfortunately very common. In the case of an unintentional act by a co-worker resulting in an injury, it can be difficult for an employer to admit fault. This reluctance to accept responsibility is even greater when the employer is a Non-Subscriber, meaning they do not subscribe to workers’ compensation insurance.
In Texas, employees injured on the job may have the option to sue their Non-Subscriber employer for damages resulting from the employer’s or a co-worker’s negligence. It is not easy to establish the employer’s responsibility for the injury, especially when insurance companies are fighting with attorneys and lobbyists who are avid at protecting their interests. Seeking legal representation can help injured employees fight for their rights, ensure that the correct parties are held accountable, and get the compensation they deserve. An accident and injury lawyer can advise on the best course of action to take.
For more information, please contact the claimant’s attorney, Jonathan S. Harris, partner at Schechter, Shaffer & Harris LLP – “The law firm represents clients across diverse accident-related cases, including 18-wheeler vehicle accidents, maritime accidents, motorcycle accidents, and other personal injuries.”