In Texas, non-subscriber employers cannot argue that an injured employee was guilty of contributory negligence as a defense in a workplace injury case because Texas follows a modified comparative negligence system, specifically a “51% bar rule.” Under this legal framework:
1. Pure Contributory Negligence Barred:
Texas does not apply pure contributory negligence, which would bar an injured party from recovering any damages if they were found even slightly negligent. In a pure contributory negligence system, if an injured employee is found to be even 1% at fault for their injury, they cannot recover any damages.
2. 51% Bar Rule:
Texas follows the modified comparative negligence rule with a 51% bar. This means that an injured employee can still recover damages even if they were partially at fault for their injury, as long as their fault is not greater than 50%. However, if the employee’s fault is equal to or greater than 51%, they are barred from recovering any damages.
Under this system, the injured employee’s contributory negligence may reduce their recoverable damages, but it does not completely prevent them from seeking compensation for their injuries. The court will determine the percentage of fault assigned to each party involved and reduce the employee’s award accordingly if they are found partially at fault.
It’s worth noting that workers’ compensation, which many non-subscriber employers do not provide, operates on a “no-fault” basis. In a workers’ compensation system, injured workers are generally entitled to benefits regardless of fault, and employers are immune from most personal injury lawsuits brought by employees. However, in non-subscriber cases, the modified comparative negligence rules apply, allowing injured employees to seek damages while considering their own degree of fault.
Injured at Work?
We know we can help you!
Non-Subscriber claims in Houston, Dallas, Austin, Corpus Christi, San Antonio and The Rio Grande Valley.
In summary, Texas non-subscriber employers cannot use contributory negligence as a complete defense, but the injured employee’s degree of fault may affect the amount of damages they can recover under the modified comparative negligence system.
- Will I Get Fired If I Hire A Lawyer?
- Can I Claim Lost Wages And Recover Medical Costs?
- How Long Will It Take To Resolve My Work Injury Case?
- What are Attorney’s Fees Texas Non-Subscriber Cases?
- Do I Pay Attorneys Fees If My Case Is Lost?
- Do I Pay Case Expenses If My Case Is Lost?
- Does My Lawyer Need To Live In The Area Where I Live?
- Don’t Let A Lawyer Choose You, You Choose Your Lawyer!
- Do I Need a Workers’ Comp Lawyer or a Non-Subscriber Work Injury Lawyer?
- Hire A Texas Nonsubscriber Lawyer Early In Your Injury Case!
- Having a Positive Result in Your Texas Non Subscriber Work Injury Case
- Your Texas Non Subscriber Case Will be Our Priority Every Step of the Way!