Legal Question in Workers Comp in Texas

workers comp and/or pi

To summarize, I work for the state and got injured on the job. On WC for 6 mths, having trouble getting them to approve diagnostic tests, back at work light duty (either go back or lose my job). This is a back injury due to a state vehicle well known for the rough ride, etc. Since my injury several others have been hurt due to same reason/same type of vehicle. I need to know if this is only a WC case or some type of negligence on my employers part due to the fact that they knew of the problem of these vehicles and not doing anything before or after to correct the problem. Due to this I have been injured, more than likely not to be able to return to this area thus leading to a paycut of approx. 800.00 less per month. Any information would be helpful.


Asked on 2/25/02, 8:42 pm

1 Answer from Attorneys
Bruce Dunham Law Offices of Bruce Dunham

Re: workers comp and/or pi

The general rule is that if a Texas employer carries workers' comp insurance it cannot be sued for any negligence on its part in causing an injury; however, if a party other than your employer is responsible for your injury, that party is not immune from suit. This is called a 3rd party claim. There is a two-year statute of limitations in Texas on a negligence claim.

If you're in the Houston vicinity and I can be of further assistance, please call (713) 864-8181.

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Answered on 2/26/02, 9:36 am


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