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How the “Exclusive Remedy” of Workers’ Compensation Can Prevent You From Suing Your Employer

Exclusive Remedy of workers compensation keeps workers injured on a job site from filing a personal injury lawsuit against their employer.
Constructing urban apartments at overtime.

What does “exclusive remedy” of workers’ compensation mean? Workers’ compensation exists to offer “no-fault” benefits to employees who sustain injuries while working. If hit by an employer’s vehicle in their lot, workers’ compensation likely covers you, barring personal injury lawsuits.

There are a few exceptions to the exclusive remedy of workers’ compensation rule. If your employer intentionally harms you or acts with near certainty of injury, you can file a personal injury claim. Additionally, the exclusive remedy only protects your employer. It does not prevent you from seeking compensation from a negligent third-party who caused or contributed to your injury.

Workers’ Comp Can Apply Even When Clocking Out to Go to Lunch

Workers’ compensation covers injuries on company grounds, even outside regular duties or work hours.

But what about accidents that occur while you are commuting?
Commuting injuries generally aren’t covered, but Texas courts may apply workers’ compensation within reasonable travel margins.

For instance, let’s say you clock out to go have lunch off-premises.
If hit by an employer’s vehicle on their property, workers’ compensation likely applies, blocking personal injury claims.

A Texas court ruled a professor hit by a university truck in the parking lot couldn’t sue.In this case, Barker v. Sam Houston State University,
The accident’s link to her job barred the professor from suing but allowed workers’ compensation claims.

Contact Houston Work Injury Lawyer Matt Stano Today

If you have been injured on the job it is important to seek out timely legal advice from a qualified Houston workplace accidents lawyer. Contact The Stano Firm today at (832) 777-0390 to schedule a free consultation.