Suing Over a Work Injury in Texas
When Texas law lets an injured worker sue the employer, suing a third party such as a driver or equipment maker, and what to do if the employer has no workers' comp.
Short answer: For an employee whose employer carries workers' compensation insurance, workers' comp benefits are the exclusive remedy against the employer and its agents or employees for a work-related injury or death. Tex. Lab. Code § 408.001
| Suing your employer | For an employee whose employer carries workers' compensation insurance, workers' comp benefits are the exclusive remedy against the employer and its agents or employees for a work-related injury or death. The exception in the statute: the surviving spouse or children (heirs of the body) of an employee whose death was caused by the employer's intentional act or omission or gross negligence may recover exemplary (punitive) damages. Texas employers may choose not to carry coverage; see uninsured_employer. Source: Tex. Lab. Code § 408.001 |
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| Suing someone other than your employer | Yes. An injured employee may seek damages from a third party who is liable for the injury and also pursue workers' comp benefits. The insurance carrier is subrogated to the employee's rights up to the total benefits paid or assumed (reduced by the percentage of responsibility a jury assigns to the employer), and may enforce the claim in the employee's name. The net recovery first reimburses the carrier; any excess is treated as an advance against future benefits. |
| If your employer has no workers' comp | In a lawsuit by an employee against an employer that does not have workers' compensation coverage (a 'nonsubscriber'), the employer cannot defend on the grounds that the employee was contributorily negligent, assumed the risk, or was hurt by a co-worker's negligence. The employer may defend on the ground that the employee intended the injury or was intoxicated, and the employee must prove the employer's negligence. An employee cannot waive this right before the injury, and a waiver after injury is valid only under strict conditions. The statute read does not set up a state fund paying benefits for workers of nonsubscribing employers. Source: Tex. Lab. Code § 406.033 |
Where to get help in Texas
More Texas workers' compensation
- Filing a Workers' Comp Claim in Texas
- How Much Workers' Comp Pays in Texas
- Workers' Comp Settlements in Texas
- Retaliation for Filing Workers' Comp in Texas
- Appealing a Denied Workers' Comp Claim in Texas
- All Texas workers' compensation rules
FAQ
Can you sue your employer for a work injury in Texas?
For an employee whose employer carries workers' compensation insurance, workers' comp benefits are the exclusive remedy against the employer and its agents or employees for a work-related injury or death. The exception in the statute: the surviving spouse or children (heirs of the body) of an employee whose death was caused by the employer's intentional act or omission or gross negligence may recover exemplary (punitive) damages. Texas employers may choose not to carry coverage; see uninsured_employer.
Can you sue a third party for a work injury in Texas?
Yes. An injured employee may seek damages from a third party who is liable for the injury and also pursue workers' comp benefits. The insurance carrier is subrogated to the employee's rights up to the total benefits paid or assumed (reduced by the percentage of responsibility a jury assigns to the employer), and may enforce the claim in the employee's name. The net recovery first reimburses the carrier; any excess is treated as an advance against future benefits.
What if my employer doesn't have workers' comp insurance in Texas?
In a lawsuit by an employee against an employer that does not have workers' compensation coverage (a 'nonsubscriber'), the employer cannot defend on the grounds that the employee was contributorily negligent, assumed the risk, or was hurt by a co-worker's negligence. The employer may defend on the ground that the employee intended the injury or was intoxicated, and the employee must prove the employer's negligence. An employee cannot waive this right before the injury, and a waiver after injury is valid only under strict conditions.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.