Injured worker on floor holding shoulder. | Patrick Daniel Law

Can I Sue My Employer if I Am Injured at Work in Texas?

Whether or not you are able to sue your employer depends on whether or not they carry workers’ compensation insurance. If they do, then you generally are barred from bringing legal action in Texas. Instead, you must rely on the benefits you can receive through their workers’ comp coverage.

On the other hand, if your employer does not carry workers’ compensation (meaning they are a “non-subscriber”), then you may be able to bring a lawsuit against them for damages.

Furthermore, if there was a third party involved, someone other than your employer who contributed to the accident and injuries, you may have an additional or separate claim you can bring against that party.

Does Your Employer Have Workers’ Comp Insurance?

The first step in any Texas work injury claim is establishing whether your employer is a “subscriber” or not. In Texas, most private employers are not required to carry workers’ compensation, making it an entirely elective option for most companies.

Employers are required, however, to notify employees about their status and post notices in the workplace. The Texas Department of Insurance also maintains records and reporting, where you can review your employer’s coverage status.

The answer to this question will determine the next steps you take with your claim or lawsuit. Let’s take a closer look at the two scenarios here, including how third-party claims factor in.

If Your Employer Has Workers’ Comp

If your employer does carry workers’ comp insurance, then you will be eligible to receive benefits for medical treatment and a portion of lost wages, regardless of who was at fault for your injuries.

A few key things to know about workers’ comp claims:

You must report the injury to your employer within 30 days and file a claim within a year from the date of the accident.
Your employer’s insurer will determine where you can receive medical treatment, and you may also be eligible for temporary income benefits.
Any disputes about coverage of medical treatment will be handled through the Texas Division of Workers’ Compensation (DWC).

If you do receive benefits from your employer through workers’ comp, you will not be able to file a lawsuit against them for additional compensation.

If Your Employer Is a Non-Subscriber

If your employer does not carry workers’ comp insurance, then you can bring a personal injury lawsuit against them for your on-the-job injury, though it will be based on negligence. This means you must be able to show that your employer’s action, or inaction, was a cause of your accident and injuries.

A few additional factors to understand about claims against non-subscriber employers:

Texas law bars employers from certain legal arguments, such as arguing contributory negligence, assumption of risk, or that a co-employee’s negligence caused the accident.
The employer can still argue that you, the employee, were solely responsible for the accident or that your misconduct (e.g., being intoxicated on the job) caused the accident. If that is the case, they would not be held liable for damages.
Unlike workers’ compensation claims, a negligence claim allows you to pursue compensation for non-economic damages, including pain and suffering, disfigurement, and more. You may also be able to recover punitive damages.

Employers are also allowed to make a case against a third party in an effort to shift fault or reduce liability, which may ultimately change who you pursue compensation from. It’s important to never take the insurance company’s word for it; instead, you should always rely on your work injury attorney’s investigation and evidence.

Third-Party Claims You Can Bring Either Way

Regardless of whether or not your employer has workers’ comp insurance, you are always eligible to pursue compensation against a third party for damages.

For example, if your employer is a subscriber but your injury was partially caused by a third-party delivery driver, you may be able to receive both workers’ compensation benefits and additional compensation from the third party.

As with non-subscriber claims, the burden of proof to show negligence will be on you. This means you must be able to prove that the third party:

Owed a duty of care
Breached that duty
The breach caused the accident and injuries
The injuries resulted in compensable damages

While this can complicate a claim, the potential of additional compensation makes it a critical factor to consider and investigate while building a work-related injury claim.

Compensation in Texas Work Injury Claims

One of the key differences in how these claims are handled is the type of compensation you can recover.

In Workers’ Compensation Claims

Benefits are limited to medical expenses and a portion of lost wages via temporary income benefits. You may also be able to recover impairment and lifetime income benefits in severe cases. Unfortunately, it may be difficult to recover compensation for the full extent of your damages.

In Non-Subscriber Claims or Lawsuits

If you are able to sue your employer after a work injury or make a claim against a third party, you could recover medical expenses, lost wages, non-economic damages, and possibly punitive damages as well.

Working with an experienced Houston work injury attorney is one of the best ways to ensure you are seeking what you need and deserve. Too often, Texas workers fail to explore all available options for compensation, leaving money on the table when they need it most.

Next Steps

The steps you take following an on-the-job injury are critical for recovering benefits and compensation for your damages. Some of the next steps you should take include:

Reporting your injury to your employer
Documenting the accident through photos, witness statements, and medical records
Determining if your employer carries workers’ compensation insurance
Preserving all relevant evidence, including bills, timesheets, emails, and any communication regarding the incident and injuries
Filing the necessary claims forms within Texas deadlines

It may also be in your best interest to contact a Houston work injury attorney as soon as possible. The sooner you act, the stronger your case is likely to be.

How Can a Houston Work Injury Lawyer Help?

Recovering from a serious work-related injury can be a lengthy and demanding process. So, where do you find the resolve to fight for your rights?

A work injury lawyer can take this burden off your plate, handling key items such as:

Evaluating your employer’s coverage to determine the best strategy for recovering compensation
Investigating the claim to determine fault and the viability of a third-party claim
Navigating the administrative process, including filing claims and appeals, if necessary
Negotiating with insurance companies and opposing counsel to ensure you do not end up with far less than you deserve
Representing you in court, if necessary, to present a strong case in front of a judge and jury

Ultimately, these are best handled by someone with experience navigating the claims process, a proven track record of recovering compensation, and the determination to secure the justice you deserve.

Can I Sue My Employer After a Work Injury in Texas? Ask Patrick Daniel Law

We know how frustrating it can be to face the bureaucratic hurdles that are often present in work-related injury claims, especially when you are dealing with serious injuries that make it impossible to continue working. That’s why we fight to hold negligent parties accountable for their actions, protect our clients’ rights, and pursue the compensation they need and deserve.

Are you asking yourself, “Can I sue my employer after a work injury in Texas?” We urge you to contact us today for a FREE case evaluation. Our determined Houston work injury lawyer can begin assessing your rights under Texas law and answer your pressing questions. If you decide to work with us, you only pay us if and when we recover compensation on your behalf.

Can I Sue My Employer After a Work Injury in Texas?