Driving a company vehicle often feels like a perk. It saves wear and tear on your personal car, and you don’t have to worry about gas prices while you are on the clock. But that sense of security can vanish in a heartbeat if you are involved in a serious collision. Suddenly, you aren’t just dealing with a wrecked bumper and a sore neck; you are staring down a complex web of employment law, insurance policies, and state regulations.
If this has happened to you in Texas, you likely have one burning question: Can I sue my employer for what happened?
The answer is rarely a simple “yes” or “no.” It depends entirely on how your employer handles insurance, the specific circumstances of the crash, and who was actually at fault.
The General Rule: The “Exclusive Remedy”
To figure out your options, we first have to look at the Texas Workers’ Compensation Act. In the vast majority of cases, if your employer carries workers’ compensation insurance and you are injured while doing your job, that insurance is your “exclusive remedy.”
This means you are automatically entitled to benefits to cover your medical bills and a portion of your lost wages, regardless of who caused the accident. You could have caused the crash yourself, and you would still generally be covered. The trade-off for this guaranteed coverage is that you lose the right to file a personal injury lawsuit against your employer for negligence.
For many people, this feels limiting. Workers’ compensation pays for doctors and keeps the lights on, but it does not pay for “pain and suffering,” emotional distress, or the full amount of your lost future earnings. Because of this cap on damages, many injured workers want to know if there is a way around the system.
The Texas Twist: Non-Subscriber Employers
Here is where Texas law gets interesting and distinct from almost every other state. Texas allows private employers to opt out of the state-run workers’ compensation system. Employers who choose not to buy this coverage are called “non-subscribers.”
If your employer is a non-subscriber, the “exclusive remedy” rule does not apply. You retain the right to sue them directly. However, the burden of proof shifts. In a workers’ comp claim, fault doesn’t matter. In a lawsuit against a non-subscriber, you must prove that your employer’s negligence contributed to your injury.
This negligence could take many forms regarding a company car accident:
- Did the employer fail to maintain the vehicle’s brakes or tires?
- Did they force you to drive in unsafe weather conditions?
- Did they hire another driver with a history of reckless driving who then caused your injury?
If your car accident lawyer San Antonio TX can prove even 1% negligence on the part of a non-subscriber employer, you could be entitled to full compensation, including pain and suffering, which is unavailable under standard workers’ comp.
Exceptions for Gross Negligence
Even if your employer does subscribe to workers’ compensation, there is a very narrow exception that permits a lawsuit. This applies in cases of “gross negligence” or intentional acts that result in a fatality.
In Texas, gross negligence is defined as an act or omission which involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others. Furthermore, the employer must have had actual, subjective awareness of the risk involved, but proceeded with conscious indifference to the rights, safety, or welfare of others.
This is a high bar to clear. It isn’t enough that your boss was careless; they must have known something was incredibly dangerous and ignored it. For example, if a company knew a delivery truck had zero braking ability but ordered you to drive it on a highway anyway, and that failure caused a fatal crash, the surviving family might have grounds to sue for exemplary damages.
The Third-Party Lawsuit: A Common Path to Compensation
While suing your employer might be restricted, suing the person who actually hit you is not. This is known as a “third-party liability claim,” and it is often the most effective way to secure full financial recovery.
If you are driving the company car and a distracted driver runs a red light and T-bones you, you have two concurrent claims:
- Workers’ Comp: You file for benefits from your employer to handle immediate medical bills and lost wages.
- Third-Party Lawsuit: You sue the distracted driver for negligence.
This third-party claim allows you to seek damages that workers’ comp won’t touch. You can claim compensation for physical pain, mental anguish, physical impairment, and the full loss of earning capacity.
Additionally, the “third party” isn’t always another driver. It could be a vehicle manufacturer. If the company car’s airbag failed to deploy or the seatbelt snapped, you might have a product liability case against the car maker. These cases require a deep investigation into the mechanics of the vehicle, something that experienced lawyers handle regularly.
Were You “On the Clock”?
Another factor that influences your ability to claim benefits or sue is whether you were acting within the “course and scope” of your employment.
If you were running a personal errand in the company car (like stopping for dry cleaning on your way home or taking a detour to visit a friend) you might be considered outside the scope of employment. This legal concept, sometimes called a “frolic and detour,” can jeopardize your workers’ comp claim. However, if you are denied workers’ comp because you weren’t technically working, the barrier to suing your employer for vehicle negligence (like bad maintenance) might be lowered, depending on the specific facts.
Why You Need Legal Guidance
The overlap between employment law and personal injury law is dense. You might be dealing with an insurance adjuster from your company’s workers’ comp provider who wants to minimize your payout, while simultaneously dealing with the other driver’s insurance company who is trying to blame you for the crash.
You shouldn’t have to fight a multi-front war while you are trying to heal. The team at Karns & Karns Personal Injury and Accident Attorneys understands how to identify every potential source of compensation. Our attorneys dig into the specifics. We find out if your employer opted out of the state system, we check if the vehicle was skipped over for maintenance, and we go after the person who caused the wreck.
Get the Full Value of Your Claim
Never assume that a standard benefits check is the only money available to you. There are often other avenues to explore, especially if a third party was involved or your employer cut corners on safety.
Let us take on the insurance giants and the legal arguments. You just focus on healing.
Call our San Antonio car accident attorney today at 1-800-4-THE-WIN (1-800-484-3946) for a free consultation. Click here to visit our Contact page. Let’s get to work on your case.
