Can You Sue Your Employer if You’re Hurt at Work?

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Attorney William Privette | 888-981-1283 | Free Consult

“If you feel that your employer was negligent in any way, one percent even, then you have the possibility to sue them.”

Did you know that roughly ⅓ of Texas employers do not offer workers’ compensation?

This means that if a Texan is injured on the job in a place like HEB that does not offer workers’ comp, the path to financial recovery is potentially more complicated. The good news is that they may have multiple avenues of compensation to pursue.

William Privette is a personal injury and workplace accident attorney with the law firm Herrman & Herrman, P.L.L.C., which has offices in Corpus Christi, San Antonio, and the Rio Grande Valley. In this interview, he answers the question: can you sue your employer if you’re hurt at work?

To learn more, contact the attorney directly by calling 888-981-1283 or by submitting a contact form on this page. There is no charge for the consultation, and you never owe any out-of-pocket attorney fees.

Key Takeaways From William Privette:

Commonly referred to as “workers’ comp”, workers’ compensation is intended to cover the medical bills and lost wages of a worker who has been injured on the job, as well as to protect the employer from liability. Texas is the only state which does not require employers to offer workers’ comp to their employees, although many choose to do so anyway.

If you are injured at work, ask your human resources (HR) department if they offer workers’ comp. If so, you may seek treatment from a doctor listed under your employer’s workers’ comp plan and receive compensation for lost wages. If your employer does not offer workers’ comp, ask your HR department if they offer any other benefits to workers injured on the job. If not, it might be time to consider filing a personal injury claim against your employer.

Employers who choose to opt out of offering workers’ comp are considered non-subscribers.

Private employers in the state of Texas may choose to opt in or out of the workers’ comp programs. Some companies may choose to be non-subscribers because they can cover their employees’ claims internally, although there may be multiple reasons why an employer chooses not to join the state workers’ comp program. There are pros and cons to working for a nonsubscriber; larger companies may have more resources to care for their employees in case of injury, and a better ability to pay a personal injury claim if an injured employee was to file a lawsuit against them.

In most cases, an employee receiving workers’ comp benefits cannot sue their employer.

This is why many employers choose to offer workers’ comp rather than purchase their own private workers’ insurance or cover their employees’ costs alone. In most cases an employee receiving workers’ comp benefits is not eligible to file a personal injury lawsuit against their employer. However, if negligence or a third party caused or contributed to the situation that caused the injury, a personal injury claim may be viable after all. Employers are required to provide reasonably safe working conditions for their employees; if they fail to do so, they open themselves up for liability in addition to workers’ comp.

An employee may be eligible to file a third-party claim in addition to receiving workers’ comp benefits under certain circumstances.

The possibilities shift again if an employee is injured due to the actions of a third-party. It may be possible to receive workers’ comp benefits from an employer while working to file a third-party claim for additional compensation at the same time. A third-party is anyone other than the employee and the employer.

For example, if you are working on a construction site and another subcontractor creates a situation that causes you injury, you can in this scenario sue the subcontractor as a third-party for their negligence. You could also sue the manufacturer of defective equipment, a negligent driver who crashed into you while you were working, or any number of negligent parties.

Contact an experienced workers’ comp attorney for help.

While contacting an attorney seems out of reach to many people, it may help to note that most workers’ comp attorneys offer free consultations and work on a contingency fee basis; this means that a client will not be required to pay a penny to their legal team unless and until they win the case. The laws surrounding workers’ comp, personal injury lawsuits, and third-party claims can be complicated to navigate alone. Reach out to an experienced workers’ comp attorney to pursue the compensation you and your family need after a work accident.

To learn more, contact William Privette directly by calling 888-981-1283 or by submitting a contact form on this page. There is no charge for the consultation, and you never owe any out-of-pocket attorney fees.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.