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Can I Sue My Employer For My Work Related injury?

Workers' CompensationAre there lump sum settlements under Texas Workers’ Comp laws? Can I sue a subscribing employer for pain & suffering or future lost wages? The simple answer is NO. The Work Comp laws here in Texas took a drastic change in 1991. Any injuries sustained prior to that fall under the “old law.” Currently (since 1991), there are no lump sum settlements, you can’t sell your right to future medicals for money settlements, nor can you sue your employer for pain & suffering or future lost wages. If your employer subscribes to a Work Comp Insurance plan, they are strictly liable regardless of who’s fault it is. Even if you caused the injury, or it was due to the company’s negligence…you can’t sue your employer in most cases. I say in most cases, because there are several exceptions to this, as with all things. A common example of where you could actually sue, is if there is a 3rd party involved. Meaning someone other than your employer caused your injury while you were working, as in a motor vehicle accident: you are in the company truck, working, and someone hits you. You would have a claim for work comp (regardless of fault), and a potential 3rd party claim against the driver (if they are at fault). Other examples are defective equipment or your are working on another company’s job site. In order to properly and thoroughly evaluate the facts surrounding your worker’s comp case to see if there is any liability other than that of your employer, give us a call today at 844-402-2992 or contact us online. It does hurt if you don’t ask! There is a strict statute of limitations on when and if you can file suit.