If your employer has workers’ compensation insurance, you generally can’t sue your employer for negligence. Workers’ compensation is usually your only remedy against them. But Texas is the only state that lets private employers opt out of workers’ compensation entirely. If your employer is a nonsubscriber, you can sue them directly, and the law takes away several defenses they would otherwise use, including arguing that you were partly at fault.

Even when your employer has workers’ compensation, other companies may be responsible for your injuries. On refinery, plant, and construction sites, many workers are employed by contractors. The site owner, other contractors, and manufacturers of defective equipment can all be sued if their negligence contributed to the injury. You can often pursue these claims while still receiving workers’ compensation benefits (see our refinery and industrial accident page).

When a worker is killed because of an employer’s gross negligence, the surviving spouse and children may be able to recover exemplary damages, even if the employer carries workers’ compensation (see our wrongful death page). And if you were injured while working for a railroad, workers’ compensation doesn’t apply at all. Rail workers can sue the railroad under federal law (see our railroad accident page).

To protect your rights, report your injury to your employer in writing within 30 days. Workplace injury cases can turn on technical questions, like who is legally considered your employer and how site insurance programs are set up. A Houston personal injury lawyer can sort out every claim available to you.

If you were seriously hurt at work, contact Cammack Law Firm to schedule a free, confidential consultation.