Texas Supreme Court Lets Employers Shift Fault To Third Parties In Worker Injury Suits: Key Takeaways For Workers’ Comp Nonsubscribers
Texas employers that opt out of the state’s workers’ compensation program recently received a big win that will impact litigation strategies . While workers’ comp provides a no-fault system, employers that elect not to participate may face costly negligence lawsuits when employees sustain work-related injuries. But what if a third party is at fault for the injury? The Texas Supreme Court ruled on April 25 that a non-subscribing employer can potentially shift some or all of the fault to responsible third parties and thereby reduce its liability . What do Texas employers need to know about this ruling, and how will it impact your legal defense? Quick Explainer On Texas Law No-Fault System: The Texas Workers’ Compensation Act (TWCA) provides for a no-fault insurance system that applies when employees sustain work-related injuries or illnesses. Employees generally receive medical and income benefits while employers receive immunity from related lawsuits. Exclusive Remedy: When a...