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It’s a good question the answer to that is maybe. Under Texas law, which incorporates the Texas Workers Compensation Act if you were hurt as a result of negligence created by your employer or a co-employee, the only way that you can file a personal injury claim is if the injury resulted in death and there was gross negligence attributable to the employer or the co-employee. But we have to look at these cases very carefully because if there was somebody else that caused the injury, an employee of another company, for example, or a truck driver driving down the road while the injured employee was driving a company car in the course and scope of their employment then these third parties would offer an avenue where you might be able to successfully pursue a claim against them.
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Texas Personal Injury Attorney, Frank Lyle, talks about making a personal injury claim for people who get hurt on the job. He explains that it’s a complex matter with a nuanced answer. In Texas, the Texas Workers Compensation Act governs the rules surrounding personal injury claims arising from workplace injuries. Generally, if you were injured due to the negligence of your employer or a co-employee, the only way to file a personal injury claim is if the injury resulted in death and involved gross negligence on the part of the employer or co-employee. However, it’s essential to examine such cases carefully.
In certain situations, if someone other than your employer or co-employee caused the injury, such as an employee of another company or a truck driver while you were driving a company vehicle during work, there may be a possibility to pursue a personal injury claim against these third parties. Each case requires careful consideration to determine if there are viable avenues for pursuing a claim successfully.