Texas Appellate Court Declines Invitation To Expand Employer’s Duty To Provide Medical Care To Employees

A Texas worker began having symptoms of a stroke over several hours of his shift and eventually called 911.  He later sued his employer arguing that the employer breached a duty of ordinary care owed the worker by failing to provide him medical attention.  After the trial court granted summary judgment to the employer, the worker appealed and argued that although as a general rule an employer owes no duty to provide medical care to an employee who becomes injured or ill, that his situation was governed by an exception that arises when an employee becomes helplessly injured or ill, is incapable of helping himself, and requires immediate medical aid to preserve his life or prevent serious injury.

On Wednesday, a Texas appellate court rejected the worker’s argument, at least with respect to the facts of this case.  The court left open the possibility that such an exception may exist, but explained that the facts as alleged by the worker were not enough:  “To the extent that a limited exception exists in a situation where an employee is rendered helpless and incapable of assisting himself and requires emergency medical care to avoid death or serious injury, [the worker] did not provide any evidence to demonstrate that he came within the exception.  [The worker] in effect contends that Texas law should be expanded to hold that an employer or co-employee/supervisor should be required to provide an employee medical care for an ordinary disease of life, even when the employee is not rendered helpless or incapable of helping himself.  We decline this invitation.”