If you were injured in a Texas workplace accident, your life turns upside down in a matter of seconds. Given the mounting financial expenses and debilitating pain and suffering that these cases involve, the physical and emotional toll quickly becomes overwhelming. It’s natural to wonder whether you have the right to file a lawsuit against your employer and seek the financial resources you need to secure your future. The answer depends on a few important factors under state law, and learning about them early on can help you make informed decisions about your case.
With Billions won for accident victims — including record-breaking verdicts and settlements on behalf of industrial workers injured in the worst plant and refinery explosions, truck crashes, workplace disasters, and oilfield accidents in Texas history — our undefeated Work Injury Lawyers have the resources and experience to stand up against the largest corporations in the world and ensure our clients receive the justice and full compensation they deserve. And we don’t just win. We set records.
Continue reading to learn about when you can sue your employer after an on-the-job injury in Texas and when your options may be more limited.
Workers’ Compensation in Texas
Texas handles workers’ compensation differently when compared with other states. Employers in Texas are not required by law to participate in the state’s workers’ comp program. Those that do are known as “subscribers,” and those that do not are called “non-subscribers.”
This distinction matters because it directly affects your legal rights after a workplace injury. The path you take toward compensation will depend almost entirely on which category your employer falls into.
When You Can’t Sue Your Employer
If your employer is a subscriber that carries workers’ comp insurance, you generally cannot file a personal injury lawsuit against them. In exchange for providing that coverage, Texas law shields subscribing employers from most employee injury lawsuits.
Instead, you would generally file a workers’ compensation claim to receive benefits. These benefits can cover a portion of your lost wages and your medical expenses related to the injury. However, workers’ comp does not compensate you for things like pain and suffering and emotional distress, which is one of the major trade-offs of the system.
There are limited exceptions to this rule. If your employer’s conduct was so extreme that it went beyond ordinary negligence, you may still have grounds for a lawsuit even if they participate in workers’ comp. These situations are rare, but they do come up in cases involving truly egregious behavior.
When You Can Sue Your Employer
If your employer is a non-subscriber that does not carry workers’ comp insurance, the situation changes significantly. Without that coverage in place, there is no legal shield protecting them from a lawsuit. You can file a personal injury claim against them just as you would against any other negligent party.
What makes these cases especially favorable for injured workers is that non-subscribing employers lose access to several key legal defenses. For example, they generally cannot argue that you were partly at fault for your own injury or that you assumed the risks of the job when you accepted the position. This can make it much easier to build a successful case.
Further, in a lawsuit against a non-subscriber, you may be able to recover both economic and non-economic damages. These damages can raise the value of your claim dramatically relative to filing a workers’ compensation claim only.
Third-Party Claims After a Workplace Injury
If your employer does carry workers’ comp, you may still be able to file a lawsuit against a third party whose negligence contributed to your injury. For instance, if a piece of faulty equipment caused your accident, you might have a product liability claim against the manufacturer. Alternatively, if a subcontractor on a job site created an unsafe condition, they could potentially be held liable as well.
These third-party claims exist separately from the workers’ comp system and also allow you to pursue the full range of damages that workers’ comp does not cover.
Contact an Undefeated Personal Injury Lawyer With Zehl & Associates for Help at (888) 603-3636
Figuring out your legal options after a workplace injury in Texas can be confusing, especially with the state’s unique workers’ compensation rules in mind. Contact an undefeated personal injury attorney with Zehl & Associates today for help with your case at (888) 603-3636. We’ve won billions of dollars for our clients, including record-setting recoveries in workplace accident cases.
We proudly serve Harris County, Midland County, and throughout the state of Texas. We are located in Houston and Midland and throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
Open 24 hours