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Texas Workers' Compensation Exclusive Remedy Provision

It is not common knowledge but Texas State does not actually require all employers to carry workers’ compensation insurance. If you have been injured while on the job, before you can take any action in response, you need to first figure out if your employer is covered by Texas Workers’ Compensation Insurance (TWCI). If you need to know right now, the Texas Department of Insurance has a comprehensive list of employers and their coverage group names, found at http://www.tdi.texas.gov/wc/regulation/wcgroup.html.

There are other options employers can utilize other than TWCI, such as:

  • Accident policies
  • Disability policies
  • Employer indemnification agreements
  • Health policies

If your employer is using one of the above options but not TWCI, you can file a lawsuit against them for damages you suffered due to your workplace accident. With the help of an accident attorney, you could win a settlement that pays for medical bills and treatments as well as wages you miss while you are debilitated or disabled. If your employer does have TWCI, workers’ comp recovery benefits through that program are the only remedy. Or are they?

Texas Workers' Compensation Exclusive Remedy Provision

In the case of a wrongful death at work, surviving family members and loved ones can still sue the employer for exemplary damages, even if they are covered by TWCI. Exemplary damages are often set by the plaintiff and seek to penalize the negligent party for wrongdoings, or for indirectly causing emotional trauma to others. You should also know that your employer is not the only party you can sue for workplace injuries, non-employers may also be found liable. For example, a machine manufacturer may have shipped out a defective part, or your coworker could have intentionally acted recklessly and well beyond safety standards, leading to your accident. Be sure to contact the Occupational Safety and Health Administration (OHSA) at 800-321-OSHA for more information regarding suing third-parties.

If you have more questions about your rights as an injured worker in Texas, contact our Midland personal injury lawyer from Dean Law Firm today. We can help you file all sorts of injury claims and have more than 20 years of legal and trial experience. Come see what our past clients are talking about and dial 432.214.8125 today.