Can I take a company to court for injury even if they paid into workerscomp?
I know in TX that usually when a company pays into workers comp they cannot be taken to court for that injury later on. My case is a little different and I was wondering if it was still possible to take them to court since that following week after my injury the so happen to come out with a new device that would have prevented that injury in the first place. They state that their ladder safety program covers it and that they had always been safe. The facts do not line up and prove to be wrong.
2 attorney answers
When the employer has real workers' compensation coverage, then they are protected from lawsuits for workplace injuries. The exception is when they commit "gross negligence" and the employee dies as a result. Since you survived, there is no gross negligence claim to make. However, if they had a work injury "plan" that they called workers' comp but it wasn't really workers' comp, then maybe.
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