If you are injured on the job in Texas, workers’ compensation may not be your only option for seeking compensation. In some cases, workers’ comp does not apply at all. In others, an injured worker may have a separate personal injury claim against someone other than the employer.
Texas differs from many states in that most private employers are not required to carry workers’ compensation insurance. Understanding whether your employer has coverage, and who caused your injury, can help determine what type of claim you may have.
Key Takeaways
- Most private employers in Texas can choose whether to carry workers’ compensation insurance.
- If your employer is a nonsubscriber, you may be able to pursue a personal injury claim against them for negligence.
- Even when your employer carries workers’ comp, you may have a third-party personal injury claim if someone outside your employer caused or contributed to your injuries.
What Happens If Your Texas Employer Does Not Carry Workers’ Comp?
An employer that does not carry Texas workers’ compensation insurance is commonly called a nonsubscriber.
If your employer is a nonsubscriber, you generally cannot pursue benefits through the traditional workers’ compensation system. However, that does not necessarily leave you without a way to recover compensation.
An injured employee may be able to bring a personal injury lawsuit against a nonsubscriber employer when the employer’s negligence caused or contributed to the injury.
For example, an employer could potentially be negligent for failing to correct a dangerous workplace condition, providing unsafe equipment, or failing to adequately train workers.
Unlike a workers’ compensation claim, a nonsubscriber claim requires the injured worker to establish the employer’s negligence. However, Texas law restricts some defenses available to nonsubscriber employers. For example, an employer generally cannot defend the case by arguing that the employee was contributorily negligent, assumed the risk, or was injured because of a coworker’s negligence.
Can You File a Personal Injury Claim If Your Employer Has Workers’ Comp?
Possibly, but usually not against the employer.
Workers’ compensation is generally the exclusive remedy for an employee injured while working for an employer with workers’ comp coverage. That means an employee typically cannot bring an ordinary negligence lawsuit against a subscribing employer for the same workplace injury.
A different rule can apply when someone outside the employer caused the accident.
Texas law allows an injured employee to seek workers’ compensation benefits while also pursuing damages from a liable third party. This is known as a third-party personal injury claim.
Who Can Be Liable for a Work Injury Besides Your Employer?
Modern workplaces often involve multiple businesses. Construction projects may have several contractors working simultaneously. Employees may drive on public roads, visit customer properties, or use equipment manufactured by outside companies.
Depending on how the accident occurred, a third-party claim could potentially involve:
- A contractor or subcontractor that created an unsafe condition
- A negligent driver who caused a crash while you were working
- A property owner responsible for a dangerous condition
- A manufacturer or other company responsible for defective equipment
Consider a delivery driver who is struck by another motorist while making deliveries. The driver may have a workers’ compensation claim through the employer while also having a personal injury claim against the motorist who caused the collision.
Similarly, a construction worker injured because another contractor failed to secure equipment may have a potential claim against that contractor.
Determining who employed each person, who controlled the work, and whose conduct contributed to the accident can therefore be an important part of investigating a serious workplace injury.
Why Does a Personal Injury Claim Matter?
Workers’ compensation benefits and personal injury damages are different.
Workers’ comp generally provides defined benefits for medical care and a portion of lost income. A personal injury claim may allow recovery of damages that are not available through workers’ compensation, depending on the circumstances.
Potential damages in a personal injury case can include medical expenses, lost income and diminished earning capacity, physical pain, impairment, and other losses resulting from the injury.
When a worker receives workers’ compensation benefits and also recovers from a responsible third party, the workers’ compensation insurance carrier may have reimbursement rights against part of that recovery. These cases therefore require careful consideration of how the two claims interact.
What Should You Do After a Work Injury in Texas?
After a serious workplace accident, determine whether your employer carries workers’ compensation coverage and document how the injury occurred. Photographs, witness information, incident reports, medical records, and information about other companies at the worksite may become important evidence.
Do not assume that being injured “at work” means workers’ compensation is your only option. The circumstances may support a claim against a nonsubscriber employer, a negligent third party, or both.
Talk to Sherman Law Firm About a Texas Work Injury
Work injury cases can involve questions that extend beyond workers’ compensation. Sherman Law Firm can investigate how your accident happened, identify potentially responsible parties, and determine whether you may have a personal injury claim. If you were seriously injured while working in Texas, contact us today for a free consultation.