Negligence Actions in Texas Against an Employer

/ 02/14/2011

Many employers in Texas subscribe to Texas Workers’ Compensation. This is a state-regulated insurance program that provides benefits to employees who suffer work-related injuries or illnesses.  But employers are not required to subscribe to the program.  If an employer opts not to subscribe, an employee may sue the employer for negligence if the employee is injured on the job.  To encourage employers to subscribe, Texas law mandates that certain defenses ordinarily available in negligence actions cannot be asserted by a nonsubscribing employer when sued by an employee for negligence. 

In an action to recover damages for personal injuries or death sustained by an employee in the course and scope of the employment against an employer who does not have workers’ compensation insurance coverage, it is not a defense that: (1) the employee was guilty of contributory negligence; (2) the employee assumed the risk of injury or death; or (3) the injury or death was caused by the negligence of another employee.  An employer may, however, assert that the injury occurred while the employee was intoxicated and/or by an act of the employee that was intended to bring about the injury. 

To speak to a Dallas, Texas employment law attorney about workers’ compensation coverage, laws affecting nonsubcribers or other Texas employment law issues, contact the Dallas employment lawyers at Clouse Dunn Khoshbin LLP at [email protected]


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Clouse Dunn
Khoshbin LLP

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