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 your losses is through a workers’ compensation claim. However, with motor vehicle accidents, the fault often lies with a third party who is not related to your employer. 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
Under Texas’s HB 19, when a lawsuit involves a commercial motor vehicle accident, the trucking company can request that the trial be split into two phases (a bifurcated trial).
- Phase One: The jury decides whether the truck driver was negligent and whether that negligence caused the accident. If the employer has stipulated that the driver was its employee and was acting within the scope of employment at the time, then the company may still be held vicariously liable under respondeat superior in this first phase. Evidence of the company’s own conduct is generally excluded here, so the focus remains squarely on the driver’s actions.
- Phase Two: If the jury finds the driver negligent in Phase One, the case may move to a second phase. At this stage, the plaintiff can introduce evidence of the trucking company’s independent negligence — for example:
- Negligent hiring of a driver with a history of safety violations,
- Negligent training or supervision of drivers,
- Failure to maintain vehicles properly (ignoring brake or tire defects),
- Encouraging unsafe practices such as exceeding hours-of-service limits or falsifying logbooks.
This second phase can also address claims for punitive (exemplary) damages if the company’s conduct shows gross negligence or reckless disregard for safety.
In short, HB 19 changes the order and timing of how evidence is presented, but it does not eliminate respondeat superior. A trucking company can still be held responsible in Phase One for its driver’s negligence within the scope of employment, and in Phase Two for its own unsafe business practices.
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 email or call our offices. Our phones are answered 24 hours a day, seven days a week.