Why You Can't Sue Your Employer - Even If It's Their Fault!


In Texas, a worker can not sue their employer if that employer has a policy of workers’ compensation insurance. That means that even if the employer caused the accident, that employee can not sue their employer.

For example, if the employer required the worker to move a chemical and did not furnish an air fed breathing hood or apparatus and the employee became sick or ill from breathing the chemical, the employer has no liability for the worker’s injury. If the worker were to die from breathing in the chemical, then the employer would only be responsible to the wife and children of the worker IF the jury finds gross negligence.

Gross Negligence is defined by statute as:

“Gross negligence” means an act or omission:

(A) which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and

(B) of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.

Texas Civil Practices and Remedies Code 41.001(11)

While that language seems harsh and difficult to prove, it can be done if you hire the right law firm.

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