Weatherford, TX asked in Employment Law and Workers' Compensation for Texas

Q: Coworker cause my accident and we're both employed at the same place I cannot sue them for negligence can I

I was injured on the job February 9th 2021 by my production manager turned up the machine and it sucked me in and how's the bad accident to me 18% impairment rating but I'm being told that I cannot sue the company because we were both employed there and since workman's comps paying for it that I can't do nothing about it and I'm not understanding why because there's not a third party involved he came in turned up the machine that sucked me in there and killed me for 33 seconds and I've been through several surgeries and what have you throughout the past 2 years and I'm being told that since there's no third party involved I cannot sue the company

My accident was on 30 cameras,

HR kept telling me OSHA had it.

Never reported to OSHA,

3 1/2 months later ,I called OSHA and they fined the Company $250,000 , All Mngt was replaced, Production manager who caused the accident terminated for drug use, they have lied about everything

1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Under workers compensation laws, a worker who is injured on-the-job is not required to establish that his employer or a co-worker was negligent in order to receive compensation for medical expenses and lost income. In exchange, the employer is not subject to a personal injury lawsuit by the employee.

What you are being told is correct.

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