How does Workers' Compensation affect my rights?
In Texas and New Mexico if your employer does carry Workers' Compensation then you can usually not sue your employer for your injuries. Your sole remedy is workers' compensation. Even if you can prove that your employer's negligence caused the injury you will generally not be able to sue your employer if they carried Texas Workers' Compensation insurance. It is important to note that if the accident was caused in full or in part by someone other than your employer or a co-worker (for example by the negligence of another company or an employee who worked for another company) you are generally not prohibited from suing that company. There is an exception if the work injury causes a death. In that case your family may still be able to pursue a claim on your behalf for damages.