Can I sue my employer for a work related or workers comp injury?
Can I sue my company for causing my injury?
It depends. And it depends on whether your company carries workmans comp insurance or if they carry workers comp insurance. Here in Texas, if your employer carries workers compensation insurance, your only remedy is whats offered under the workmans comp laws. This means that you cannot sue your employer for causing your workers’ comp injury. You would only be able to file a workers comp claim and be afforded those benefits which is normally just lost wage compensation at 70% of your average weekly pay as well as medical treatment covered.
However, there are certain situations when you may be able to sue your employer for causing your work injury. Or lets say an employee, of another company, causes your injury, you may be able to sue that persons employer which is called a third party lawsuit. That’s why it’s vital to talk to a lawyer that understands workers comp rules as well as personal injury to determine what type of claim you have because the laws for workers comp cases are vastly different than the laws of a personal injury claim. In our office, we've assisted with both general personal injury type claims as well as workers’ compensation claims.