Houston, TX asked in Workers' Compensation for Texas

Q: Workers Comp Question:Can I sue my employer if I get hurt a second time even though they knew what my restrictions were?

So I originally got injured on 05/2019, 4 months later I was injured again. My employer was aware of what my restrictions were but still put me to work. Causing the second injury. So my second case is closed as of last week, but my injury I feel is not quite where I feel it should be? Could I sue them for my second injury which I feel happened because their carelessness? I am new to this so forgive me if I don't make sense. I can give you further information if needed later.

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2 Lawyer Answers
Roy Lee Warren
Roy Lee Warren
Answered
  • Workers' Compensation Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: If your employer had wc coverage, sorry that's a complete bar to a PI case, except in a gross negligence case that results in death.

S. Michael Graham agrees with this answer

S. Michael Graham
S. Michael Graham
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Dallas, TX
  • Licensed in Texas

A: The state of Texas uses the carrot and stick approach with employers with respect to providing workers' compensation coverage for its employees. If they pay for the coverage, the the State prevents the employee from being able to sue the employer for negligence (not resulting in death and gross negligence.) If the employer kills an employee as a result of their gross negligence, then the beneficiaries can bring a suit for workers comp death benefits.

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