In Texas if you are injured on the job and your employer subscribes to the workers compensation scheme and carries workers comp insurance, your remedy is essentially limited to making a workers comp claim. Put another way, if your employer has comp coverage, you cannot sue your employer for negligence. In Texas this is referred to as the “comp bar.”
If however your employer does NOT carry workers’ compensation insurance (making them a workers comp non-subscriber), then as an injured employee not only can you sue your employer for negligence, but your employer is limited by law in how they can defend against your lawsuit. For example, your employer cannot allege that your own carelessness was the cause of your injury.
Also: if you are on the job and are injured by the negligence of a third party (i.e. someone other than a co-employee), then you can make an injury claim against the third party who injured you.
Daragh Carter is an attorney in Houston, Texas whose practice is focused exclusively on representing personal injury clients. Daragh Carter is Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial Law, is rated “superb” and 10/10 on the popular attorney-rating web site AVVO, was voted a Top Lawyer for Personal Injury by Houstonia Magazine in 2013 and 2014 and a Rising Star by Texas Super Lawyer in 2014.
Please note that Daragh Carter does not handle workers compensation cases: cases where an employee is injured on the job and the employer does have workers compensation insurance.
Contact information: www.daraghcarterlaw.com or (832) 859 8243 or firstname.lastname@example.org