
Working in Texas? The workers comp rulings recently changed. Read about them here.
Simply stated, workers cannot claim more from an employer than what workers compensation offers, even if the employer has other forms of applicable insurance.
The judgment stems from a case involving a city of Lubbock employee who was injured when the vehicle that employee occupied “was struck by another vehicle owned and operated by an underinsured drunk driver.” While the city was covered by workers compensation and uninsured/underinsured motorist (UM/UIM) coverage, it also had a half-million dollar deductible under its UM/UIM policy.
The employee received workers compensation, but then attempted to collect money from the UM/UIM policy as well. After the insurer, St. Paul Fire and Marine Insurance Company, denied the claim, the employee filed a lawsuit. The court judged in favor of both the city of Lubbock and its insurer, but the employee appealed the decision.
The Amarillo Court of Appeals affirmed the previous judgment. According to its ruling, “if an employee suffers work-related injuries and seeks their redress from an employer that subscribes to a workers compensation program, there is only one [and that] is through [the] workers compensation program.”
Texas employers can now rest a little easier knowing that this latest court ruling lessens their chances of being taken advantage of by employees claiming more than their fair share of damages.

