When Can You Sue Your Employer for a Workplace Injury in Alvin?

It is an unfortunate fact that workers are injured on the job frequently in Alvin. Sometimes, those injuries are extremely serious and even life-threatening. Injured workers and their families are often uncertain about their rights. Can they sue their employer to recover compensation? Can they file for workers’ compensation benefits? What do they need to do to protect themselves?

Texas law on the subject can be very confusing, with courts offering what appear to be conflicting opinions about when workers’ compensation covers a worker and when they are eligible to sue an employer for negligence. When injuries are severe, an attorney experienced in workplace accident lawsuits can review the details of the situation and determine whether it is possible to recover damages through a lawsuit. Although it’s not possible to offer personal legal advice in a blog, as a legal team with considerable experience recovering damages for workplace injuries, we can explain some of the factors that may affect your case.

Is the Injury Covered by Workers’ Compensation?

Workers’ compensation is an insurance scheme that is required in most states, but is optional in Texas. When an employer in Texas opts to purchase workers’ compensation insurance, the benefits offered through that insurance plan are the only remedy available to injured employees in most cases. The plan is described as a compromise that protects both workers and employers; however, most of the time, employers are the only ones who are truly protected. When a workplace injury is covered by workers’ compensation insurance, the employee does not need to prove that the employer did anything wrong, but they can only receive very limited amounts of assistance.

If an on-the-job injury is not covered by workers’ compensation, then the injured worker has the ability to file a personal injury lawsuit. However, to succeed with that lawsuit, they need to meet some other requirements.

Workers’ compensation only applies to employees, so independent contractors are not limited to benefits through the scheme and have the ability to sue the company paying them. It can be challenging to determine whether a worker is classified as an employee or independent contractor in many cases, particularly in the construction industry, where many contractor and subcontractor relationships are involved.

Exceptions to Workers’ Compensation Limitations

In some states, courts have allowed injured employees to file lawsuits against their employers when they are grossly negligent. However, in Texas, where workers’ compensation is not required, the Texas Supreme Court has held that even when injuries are severe, employees cannot sue employers for extreme negligence. They can only sue if they can prove the employer knew that its actions were “substantially certain to result in a particular injury to a particular employee.” 

Additionally, if an employer’s actions were grossly negligent and those actions caused the death of an employee, the Texas workers’ compensation statute allows family members to file a claim for wrongful death against the employer.

Workers’ Comp Does Not Apply When Suing Someone Other Than the Employer

Workplace accidents are caused by a wide variety of factors, and not all of those factors are under the control of the employer. A third party, such as a subcontractor, could be liable for some or all of the causation. When that is the case, an injured worker can sue that third party because workers’ compensation only prevents lawsuits against the employer.

Determining whether a third party could be held liable for an injury on the job could require an extensive investigation. That means it is important for an injured worker to consult an attorney early on, to give the legal team the opportunity to examine the circumstances.

Statute of Limitations

When a workplace injury is not covered by the workers’ compensation scheme, injured workers must abide by the statute of limitations if they want to sue their employer. In most cases, Texas law requires a claim for injuries to be filed in court within two years of the date the injury occurred. However, injured employees should begin working with an attorney long before the time limit approaches to have the best chance of recovering maximum compensation for their losses.

The Need to Prove Negligence

While it is not necessary to prove that an employer did something wrong to receive workers’ compensation benefits, a worker who wants to recover compensation through a lawsuit will need to be prepared to prove that the employer acted wrongfully. In most cases, that involves proving that the employer or third party acted negligently.

This requires evidence, and the best time to collect evidence is right after the injury. An attorney can assist significantly with this process, which is one reason it is crucial to consult an attorney as soon as possible after a workplace injury in Alvin.

To successfully sue someone for negligence, you must prove that:

• They owed you a duty to take reasonable care to protect you
• They failed to take reasonable care under the circumstances
• That failure caused the accident that led to your injuries
• Your injuries can be substantiated

Most of the time, the most difficult factors to prove in a negligence case are the second and third factors. You need to demonstrate that the company or someone acting for the company didn’t act the way a reasonable person would under the circumstances. You must also demonstrate that the irresponsible action directly caused the injury to you. In many cases, it is necessary to bring in experts who can analyze the evidence to draw these conclusions persuasively. 

DeKeyzer Law Knows How to Help Injured Workers Sue Successfully

When you’re struggling with the physical and emotional hurdles of recovering from a workplace injury, the last thing you want to do is worry about financial problems and your legal recovery. We can take the burden and start working on your behalf. 

At DeKeyzer Law, we know how to effectively represent injured workers in court against major corporations and insurance companies, ensuring they receive the compensation they deserve. If you or a loved one suffered injuries on-the-job, we invite you to schedule a free consultation to learn whether a lawsuit may be possible in your case. Just call us at 713-904-4004 or contact us online to get started.