What You Need to Know in 2025
You’ve been hurt in a car or truck accident while at work or on the job. Can you file a workers’ compensation claim to cover your losses? What about a personal injury lawsuit for damages? Are you limited to one or the other? How do recent legislative changes affect the rights of people hurt in work-related auto accidents in the DFW Metroplex?
Can You File a Workers’ Comp Claim When You’ve Been Hurt in a Job-Related Car Accident?
Because of the unique approach Texas takes to workers’ compensation, you must first determine whether your employer subscribes to the state workers’ comp system. Unlike all other states, Texas does not require employers to participate in the state workers’ compensation system. As a practical matter, though, nearly 80% of all Texas employers provide workers’ compensation coverage to their employees. If your employer does not, you can still file a personal injury claim in court seeking compensation for your losses.
To qualify for workers’ compensation benefits in Texas, you need to prove only two things: that you suffered an injury and that it happened in the course of your employment. Accordingly, if you’re traveling in a motor vehicle as part of your job and are injured in an accident, you should have the right to pursue workers’ comp benefits.
Accidents Caused by a Third Party
As a general rule, worker’s compensation is intended to be your exclusive remedy for injuries caused by your employer or a coworker. So if a coworker causes a car accident, your only recourse for any losses is through a workers’ compensation claim. However, with motor vehicle accidents, the fault often lies with a third party. In those instances, you’re not limited to the benefits available through a workers’ comp claim—you can also file a personal injury claim against the third party. In fact, you can simultaneously proceed with a workers’ compensation claim and a personal injury lawsuit, but you cannot recover for the same losses twice. For example, if your medical bills are paid by workers’ comp, you cannot recover those losses in a personal injury claim in court.
For purposes of auto insurance, Texas is an at-fault state, which means that a person injured in an auto accident caused by a third party must file a claim for damages against the at-fault party’s insurer. Accordingly, you must initially file a claim with the insurer for the party who caused the accident and must ultimately name that insurer in a lawsuit, if necessary, to fully recover for your losses.
The Impact of Recent Texas Legislation on Work-Related Accident Claims
A recently enacted Texas law requires that, when a work-related accident involves a commercial vehicle, the trial must be held in two phases:
- The first phase must focus on whether the truck driver was at fault for causing the accident and whether the driver was acting within the scope of their employment.
- If the plaintiff proves that the driver was at fault, then the trial moves to the second phase, where liability and damages are established.
The trucking company that employs the at-fault driver is part of the case only during the second phase. At that point, evidence may be introduced to show that the trucking company was negligent, e.g., by failing to properly maintain its trucks or negligently hiring inexperienced truckers. The new law is intended to reduce the potential for large damage awards by shifting the focus away from the company.
Contact Our Proven DFW Work-Related Auto Accident Lawyers
At Bailey & Galyen, we have aggressively protected the rights of injured workers in Texas for more than four decades. We have a comprehensive knowledge and understanding of the Texas laws governing workers’ compensation and automobile insurance, and we can help you pursue full and fair compensation for your losses after a job-related motor vehicle accident. Contact us by e-mail or call our offices. Our phones are answered 24 hours a day, seven days a week.
