Can you make a separate claim if you are receiving workers' compensation benefits?


The law on Texas Workers' Compensation claims can be somewhat confusing. If you were injured on the job and received workers' comp benefits (medical bills plus lost wages), you might also be able to make a claim against the party responsible for your injury. If the person or company who caused your injury is not your employer, you can indeed make a third party claim against that person or company. Just because you received workers' compensation benefits does not preclude you from making an insurance claim against a party responsible for your injury.


If however, and this is very important, the party responsible is a co‑employee or your actual employer, then the answer is no: you cannot make a claim. Texas law protects the employers who provide workers' compensation benefits from any claim made against them by an employee (regardless of whether the employee was at fault in causing the injury). It is important that you consult with an experienced Fort Worth PI and wrongful death lawyer to fully understand what right you have in your particular situation.

The most common sort of work related compensation claim we see is those involving a car or a truck accident. Many people are on the road many hours a day as part of their job. If they are involved in some sort of automobile wreck and are injured as a result of someone else's negligence, they can still make a claim against the responsible driver even if they had workers' compensation. This is a very common scenario and one that attorneys at the Anderson Law Firm handle on a daily basis.

For a free no obligation consultation on your personal injury case, call us on 800-354-6275 or use our contact form.


Other articles you might be interested in:
Damages You Can Recover In Your Texas Personal Injury Claim
Is There a Deadline For Submitting a Personal Injury Claim?
Car Wrecks When You Are On The Job: You Still Have Good Options
Drowsy Driving Is A Serious Factor In Fatal Accidents
Parking Lot Crashes

Mark A. Anderson
Board Certified Personal Injury Lawyer in Fort Worth, Texas