Under Texas law, employees generally cannot sue their employers for injuries that occur during the course and scope of their employment if the employer is a subscriber to workers’ compensation insurance.
However, the employee’s estate can sue the employer for gross negligence if the injury results in wrongful death.
The Texas workers’ compensation bar does not prevent an injured employee from suing third parties that are responsible for their injuries. For example, if a vendor was delivering goods to the workplace and negligently injured one of employees, that employee could sue the vendor. This also includes manufacturers of defective products. An example of this type of case would be an employee who is on the job when a hydraulic coupling on a piece of machinery fails as a result of a manufacturing flaw and injures an employee. The employee may not be able to sue his employer if the employer carries worker’ compensation insurance but the employee could sue the manufacturer of the defective part.
If the employer does not have workers compensation insurance, then the employee can sue the employer for its negligent acts or the negligent acts of another employee. The employer will forfeit many of its defenses by failing to have workers compensation insurance.
HSSH has successfully handled many workplace accident cases and our Amarillo Attorneys know that even if workers compensation is involved, there may be other parties who are potentially liable for the employee’s injuries.
If you have been injured on the job or you have a loved one who was killed on the job and would like to discuss your case with us please call us at 800-753-5359 or 806-376-8903 (Texas office) or 303-333-2200 (Colorado office) or contact us.