Can I Sue My Employer for a Work Injury?

If you’ve been injured at work, you may wonder whether you can sue your employer in addition to filing a workers’ compensation claim. Generally, the answer is no, but it is important to understand Emotionally distraught woman at her deskwhat scenarios may open the door to a civil lawsuit.

In Texas and across the country, the vast majority of employers are required to carry workers’ compensation insurance. This covers all work-related injuries and illnesses on a no-fault basis, meaning the injured employee does not need to prove fault and the employer is not necessarily “accountable” or to blame for the injuries. Instead, workers’ compensation provides pay and medical benefits to injured employees.

There are specific situations where you may be able to sue your employer for a work-related injury, which would open the door to additional compensation for emotional distress, the full replacement of lost wages, future loss earnings, and possibly more.

This may apply in the following scenarios:

  • Your employer intentionally caused your injuries
  • Your employer was grossly negligent and this caused your injuries
  • Your employer has insufficient workers’ comp coverage or does not have workers’ compensation insurance

Can I Sue My Employer for Emotional Distress?

Emotional distress is defined as a type of severe anxiety that is caused from a traumatic event. If this emotional distress is a direct cause of the negligence of your employer, you have the rights to file a workers' compensation claim and sue for either of the following types of emotional distress:

  • Intentional Infliction- This type of emotional distress is referred to as "NIED" and is the result of severely negligent actions or misconduct by your employer.
  • Negligent Infliction- This type of emotional distress is referred to as "IIED" and is based on extreme behavior by your employer.

Are Third-Parties Held Liable in a Work Injury?

In some cases, there may be a third party who could be held accountable for your work injury. The manufacturer of a defective product, for example, or the driver of a vehicle that causes a work-related auto accident may be sued for damages.

Involving an attorney is the best way to determine whether you have grounds to sue your employer or a third party for any type of workplace injury or illness. At Carrigan & Anderson, PLLC we have been serving the Coastal Bend area for over 30 years. Our Corpus Christi work injury lawyers can answer your questions, review your case, and provide an honest assessment of the matter to help you pursue maximum compensation for your injuries. Call us at (361) 210-3729 to learn more!