It will happen. Sooner or later, an employee becomes ill at work. What are your obligations legally? Ethically? Recently, the U.S. 5th Circuit Court of Appeals (the federal court of appeals covering Texas) adopted an earlier case from a Texas court. The answer—a manageable standard.
Previous Texas Case
David Welch worked as a desk clerk at Holiday Inn in Round Rock, Texas. One day, he felt ill, experiencing issues with his speech, motor skills, and walking ability. But he was lucid and able to continue working. His boss offered to drive him to his doctor when Welch’s shift ended. He never told the boss that he needed an ambulance or emergency medical care.
Shortly before the end of his shift, however, his condition worsened, and Welch called 911. The EMT came, took him to the hospital, and he was diagnosed with having experienced a stroke.
A negligence lawsuit followed. The argument: Had his boss called for an ambulance, he would have received medical treatment earlier, and the damage to his health would have been lessened. The trial court dismissed the lawsuit, and the Austin appeals court said it was right to do so. It set out the following workable standard:
Welch agrees that there is no general duty resting upon the employer to provide surgical or medical attendance to an employee who becomes ill or is injured in the course of employment. . . . [The employer has only] a duty to provide emergency medical or surgical aid when the employee sustains serious injury in the course of employment that renders him helpless and incapable of aiding himself and there is an immediate and urgent need for medical and surgical help to save his life.
The facts of Welch’s case, when measured against this standard, resulted in there being no claim. Welch v. AABTEL Inc. d/b/a Holiday Inn Express et al., (Tex. App. — Austin 2015).
Recent Federal Case
On August 5, 2025, the 5th Circuit adopted this Austin case for claims filed in federal court. The claim was a little different, being labeled as “a negligent undertaking” claim. Different theory, same result.
Marco Galvan went to work in Dalhart, Texas, for a potato farm in July 2020. It was a temporary gig in a remote location, so the company provided housing. He was diagnosed with COVID and was placed in quarantine by the employer. Sadly, his condition worsened, and he died. But a negligent undertaking claim requires an employer to assume complete responsibility for the employee to the exclusion of family or others to assist. Here’s the court:
The quarantined employees had access to essentials including food, Tylenol and aspirin, and cough syrup. The employees remained in contact with families via their cell phones, and one [employee’s] family member paid a visit. When it appeared that Galvan’s condition had worsened, the company immediately called for medical help.
There was therefore no absolute control by the employer of a “helpless” employee. Wrongful death claim dismissed. Rodriguez v. Blaine Larsen Farms, Inc. (5th Cir., Oct. 5, 2025).
Bottom Line
So, when do you have a legal duty to provide aid? I don’t want to generalize, but a few situations come to mind. If an employee collapses and becomes unconscious, you must act. Call 911. Provide appropriate assistance if there’s a qualified employee available to do so.
In the Holiday Inn case, was it OK for the supervisor to offer to drive the employee to his doctor? Likely yes, but it’s legally safer for the employer and medically better for the employee to call an ambulance. Consider adopting some guidelines at work for these circumstances. Check out the cost of an ambulance. Maybe adopt a policy that you will pick up the cost so the employee doesn’t have to. If you say that your employees are your most valuable resource, treat them that way.
Michael P. Maslanka is a professor at the UNT-Dallas College of Law. You can reach him at michael.maslanka@untdallas.edu.