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The Hart Law Firm

Do I sue my manager, my non-subscriber employer, or both for my injuries caused at work?

suing a manager or an employer for work injuriesIf you suffered injuries at your job and work for a non-subscriber employer, you have a right to be compensated for your injuries as long as you can prove your employer’s negligence caused you to be hurt. You may know that you can establish this because you told your boss about the defective equipment or other safety hazard at work that caused your injuries but he did not take care of the problem. Who do you sue in this situation: your supervisor, your employer, or both?

Why Your Attorney May Sue Just Your Employer

You may be angry at your boss for not addressing the dangerous condition that you informed him about repeatedly and want to hold him accountable. However, your attorney most likely will not pursue a claim against your supervisor and instead will focus his efforts on settling your claim with your employer. There are very practical reasons for this decision that include:

  • Your supervisor most likely does not have sufficient assets to pay you the compensation you are entitled to. It does not make sense to spend the time and expense of proving his liability when you will not obtain much or any money from him.
  • Your employer is responsible for your boss’ actions even if his negligence and not your employer’s was the cause of your injuries. Under Texas’ non-subscriber employer laws, your employer would have to fully compensate you if your supervisor was even one percent negligent in causing your injuries.
  • Your employer will most likely have an insurance policy to protect themselves from liability in situations such as yours. This does not mean that your employer or their insurance company will initially just pay you what is owed. However, once you file a claim and prove your right to compensation, the insurance company will be obligated and have the resources to compensate you.

If you suffered a workplace injury you need an experienced attorney who can investigate your claim, build your case of negligence against your employer, and negotiate your settlement with their insurance company. Contact us online or call our office directly at 817.380.4888 to learn how our legal team can help. We help injured workers throughout Texas including Arlington, North Richland, Grapevine, Bedford, Hurst, Euless, Irving and all points in between.

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