Can I sue my employer for an On-The-Job Injury?
Construction injuries happen at an alarming rate in Texas these days. One thing that you always should look at whenever you’re an injured worker is the status of your employer under the Worker’s Compensation Act. If they carry Worker’s Compensation insurance you are barred from suing them for negligence. However, if they don’t carry Worker’s Comp insurance you can sue your employer for negligence and they do not have the benefit of any common law defenses such as comparative negligence.
The first thing you should always do whenever you’re injured on a job site is check with the Texas Department of Insurance to see if your employer carries Worker’s Comp insurance.