Workers compensation is a set of State laws that requires employers to carry insurance to provide wage replacement and medical benefits to employees who are injured in the course of employment.

Also, workers compensation will cover the death employees who are killed on the job.

If you’re employer carries this type of coverage, you are generally barred from filing a personal injury lawsuit – and you cannot recover for your pain and suffering or loss of earning capacity.

However, there are exceptions to this general rule, which would allow you to sue the responsible party to recover from your injuries.  Consider the following situations;

  • If your Employer Doesn’t Carry Workers’ Comp Insurance, an injured employee can file a lawsuit against their employer who has not purchased workers comp insurance. This type of case is sometimes called a non-subscriber case.
  • If an employer intentionally engaged in misconduct that caused harm, here in Texas and Oklahoma, an employee can recover damages for that harm.
  • An example would be if your employer is physically violent and injures you.
  • In addition, certain violations of federal safety standards, such as OSHA regulations, could permit you to sue your employer directly.
  • If a Third Party Caused Your Injuries while on the job, you can sue that individual for the losses you suffered due to your injuries.
  • If your Injuries are Related to a Defective Product such as machines, devices, and equipment that you use at work, you may have a claim against the manufacturer of the defective equipment. If this is the case, I urge you to visit our products liability section.

While workers’ compensation laws were created to protect employees, there are limits to the benefits you can receive. In some cases, you may be able file a personal injury lawsuit.

The team here at Booker Law can answer your questions and help guide you through this process.

To hear more about your options, please call us today at (940) 569-4000 for a free consultation or send us a confidential message by completing one of the contact forms on our website.