Can I Sue My Employer in Texas?
If you are injured at work in Texas, you may be wondering whether you can pursue a claim against your employer. In most states, including Texas, employers are generally required—or at least highly encouraged—to carry workers’ compensation insurance. Workers’ compensation is a no-fault system designed to provide employees with benefits for medical treatment and lost wages after a workplace injury. However, workers’ compensation generally does not cover non-economic damages such as pain and suffering, emotional distress, or long-term impacts on your quality of life. This is where understanding your legal options becomes critical.
Texas is unique because employers are allowed to opt out of the workers’ compensation system. When an employer opts out, they may be exposed to direct liability for workplace injuries. Large companies sometimes choose to opt out for economic reasons, calculating that paying claims individually may cost less than paying premiums for workers’ compensation insurance. For employees, this can be beneficial because Texas law limits the defenses an employer can raise in litigation. These limitations can give injured workers more leverage if they decide to pursue a lawsuit against their employer.
Even if your employer carries workers’ compensation insurance, there may still be opportunities to pursue additional claims. For example, if a third party contributed to your injury—such as a construction company on-site, a manufacturer of faulty equipment, or another contractor—you may be able to file a separate claim against that entity. In some circumstances, you may pursue both a workers’ compensation claim and a third-party personal injury claim. However, subrogation rules may apply if you recover from multiple sources, which makes the guidance of an experienced attorney essential.
The process of determining liability and navigating Texas workplace injury law can be complex. An experienced personal injury attorney can investigate your accident, review your employer’s insurance status, identify responsible third parties, and guide you on the best strategy to maximize your recovery. They can also ensure that all deadlines are met, evidence is preserved, and your rights are fully protected. Injuries at work can have lasting physical, emotional, and financial impacts, and having legal guidance ensures you are in the best position to recover medical expenses, lost wages, and other damages that workers’ compensation alone may not cover.
