Texas Work Injury Lawsuits by Employees

Generally, if a person's employer has workers' compensation insurance, and the employee is injured while in the course and scope of employment, then the employer cannot sue the employer for the injuries. The employee must utilize the workers' compensation system. However, there are certain situations in which a non-workers' compensation law firm (like our firm) can assist an injured worker or the family of a person killed at work.

First, if a company or person other that the employer is responsible, even only partly, for the injury or death, we might be able to assist with prosecuting claims against the company or person. These are termed "third-party claims." A workers' compensation carrier will typically need to be reimbursed some of the costs it has expended if a third-party claim is successful.

Second, if a company is a "non-subscriber," or has not obtained workers' compensation coverage for its employees, then it can be sued. Further, Texas law holds that the employer, by choosing not to be covered by workers' compensation insurance, waives all common law defenses it would otherwise have to the employee's lawsuit.

Third, if an employee dies as a result of a work-related incident, and the employer has worker's compensation insurance, the employer can be sued for gross negligence. Certain family members have standing to bring such a lawsuit.

Finally, we can assist in locating a workers' compensation attorney for our clients for whom we are pursuing claims like those described above. Such an attorney can work on workers' compensation issues while our law firm prosecutes the separate case.


Our law firm’s principal office is in downtown Dallas, Texas, but we represent people across Texas, for employee injury and deathclaims, in cities and areas including the following:  Abilene, Albany, Alice, Alpine, Amarillo, Angleton, Arlington, Austin, Bay City, Baytown, Beaumont, Benavides, Big Spring, Boerne, Bonham, Bowie, Brazoria, Brownsville, Brownwood, Bryan, Buffalo, Carthage, Centerville, Childress, Clarksville, Cleburne, College Station, Commerce, Conroe, Corpus Christi, Corsicana, Crockett, Daingerfield, Dalhart, Dallas, Decatur, Del Rio, Denton, DFW Metroplex, Dumas, Eagle Pass, Eastland, Edinburg, El Paso, Emory, Ennis, Fairfield, Falfurrias, Fort Stockton, Fort Worth, Freer, Gainesville, Galveston, Garland, Gatesville, Gilmer, Granbury, Grapevine, Greenville, Groom, Harlingen, Henderson, Hillsboro, Houston, Huntsville, Irving, Jacksboro, Jasper, Kaufman, Kerrville, Killeen, Kingsville, Kingwood, Laredo, Liberty, Livingston, Llano, Longview, Lorena, Lubbock, Lufkin, Mansfield, Marathon, Marshall, McAllen, Mesquite, Midland, Mineola, Mineral Wells, Mount Pleasant, Mount Vernon, Nacogdoches, New Braunfels, Odessa, Orange, Ozona, Palestine, Pampa, Paris, Pasadena, Pearland, Pecos, Pharr, Plainview, Port Arthur, Quinlan, Raymondville, Richland, Rio Grande City, Rio Grande Valley, Sanford, Sonora, San Angelo, San Antonio, San Marcos, Seguin, Shamrock, Sheffield, Sherman, Spring, Stephenville, Sulphur Springs, Sweetwater, Tawakoni, Temple, Terrell, Texarkana, Texas City, Thurber, Tulia, Tyler, Van Horn, Vernon, Victoria, Waco, Waxahachie, Weatherford, Wharton, Whitesboro, Whitewright, Wichita Falls, Wills Point, The Woodlands, and Woodville.

Law Office of Dean Malone

Sponsored By Dallas Law Firm
Law Office of Dean Malone

Founders Square
900 Jackson Street Ste 730
Dallas, Texas 75202
Telephone:
(214) 670-9989
(866) 670-9989

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