Invalid Defenses to a Texas Work Injury Claim

Generally speaking, Texas state law does not allow you to file a lawsuit against your employer for a workplace injury if your employer has workers’ compensation insurance. It is not mandatory in Texas for an employer to purchase workers’ compensation insurance, however, so in cases where your employer has opted not to buy coverage (essentially deciding to self-insure), a lawsuit may be possible if you are injured on the job.

In such cases, the employer may wish to blame you for the injury, arguing that you are partly responsible due to your negligence. This defense, called the “contributory negligence” defense, is valid for most personal injury cases, but not in a Texas work injury lawsuit.

Section 406.033 of the Texas Labor Code specifies that contributory negligence may not be used as a defense in actions for injuries or deaths caused by an employer who does not have workers’ compensation insurance coverage. Nor are the defenses that the employee assumed a risk of injury or death or that the injury or death was caused by the negligence of a fellow employee allowed.

– Guest Contributor

Written By: Dean Malone

Dean Malone

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.