Article provided by: The Nech Law Firm PC
Nech Lawfirm works exclusively with injured clients. If you have been injured on the job, and you are looking for a work injury attorney in Houston, then contact Nech Lawfirm for a free consultation. We can tell you which steps to take as well as which steps to avoid. If you are interested in our services, and we determine that you have a winnable case, Nech Lawfirm can save you loads of money by providing you with an affordable injury attorney in Houston.
Can I Sue My Employer if I Get Hurt on the Job?
In Texas, there are two categories of employers:
1. Those who subscribe to the Texas Worker’s Compensation scheme and
2. Those who don’t
Those who don’t are considered as ‘non-subscribers.’ If you are injured on the job in Texas, and your employer has Worker’s Compensation insurance, then you are not allowed to sue your employer directly for negligence under Texas law. Your remedy is to pursue Worker’s Compensation benefits. This is referred to as the ‘Comp Bar’ because it bars you from being able to sue your employer if you are injured on the job and your employer has Worker’s Compensation insurance.
On the other hand, if your employer does not have Worker’s Compensation Insurance, and they are non-subscribers, then the bar does not apply. In these instances, you can pursue a claim against your employer for negligence. Further, under Texas law, your employer is limited in the kinds of defenses that they can bring to your claim or lawsuit. For example, if your employer is a non-subscriber, then your employer cannot argue against your claim that you were responsible or your own industry.
Work Injury Claims Against Third-Parties
There is another type of claim that you can bring about for an on-the-job injury, and that is what is called a third-party work injury claim. These kinds of claims occur when you are injured on the job within the scope and course of your employment, but a third-party injures you while you are working. In other words, you are injured by someone other than your employer or a co-worker. For example, let’s say you are working at an office and a delivery truck comes in. The driver is delivering some boxes of supplies, and while backing up to the loading dock, he hits you and fractures your knee.
In the above example, this would constitute an on-the-job injury because it would have occurred during the course and scope of your employment, even though you were injured by a third-party. In a case like this, you would certainly be able to bring a claim against that driver and his company.
Contact Nech Lawfirm
The facts are important in your work injury claim in terms of what your remedies may be. If you would like to speak with an experienced work injury attorney in Houston, contact Nech Lawfirm today for a free consultation.