At Turner-Monahan, PLLC, we fight every day to protect the rights of injured Texans. A recent opinion from the Texas Supreme Court reaffirms those rights stating that injured individuals are not required to go through the Texas Division of Workers’ Compensation (DWC) before litigating certain negligence claims in court.
The Case: University of Texas Rio Grande Valley v. Oteka
On June 13, 2025, the Texas Supreme Court issued a significant opinion in University of Texas Rio Grande Valley v. Oteka (No. 23-0167), resolving a longstanding split among Texas courts of appeals.
In that case, a university professor was struck by a campus police officer’s vehicle while attending a graduation ceremony. The professor and the officer were both employed by the same university. The professor sued the university for negligence. In response, the university argued that the claim was barred by the exclusive remedy provisions of the Texas Workers’ Compensation Act, and that the DWC—not the trial court—had exclusive right to decide whether the professor was acting within the scope of her employment when she was injured.
Notably, the professor had not filed a workers’ compensation claim or sought any benefits under the Texas Workers’ Compensation Act.
The Ruling: Trial Courts Can Decide Course and Scope
The Texas Supreme Court held that trial courts have the authority to decide whether someone was acting in the course and scope of employment when the injured person has not filed for workers’ compensation benefits.
The Court found that the Workers’ Compensation Act does not include any mechanism for an employer or employee to obtain a determination from the DWC when no benefits have been claimed. As such, the trial court—not the DWC—remains the proper forum for determining whether an injured individual was in the course and scope of her employment when she was injured.
Why This Matters for Injured Texans
This opinion is an important victory for injured workers in Texas. Here’s what it means:
- No Mandatory DWC Filing: If you haven’t filed for workers’ compensation, you are not required to go through the DWC to determine whether your injury was work-related.
- Faster Access to Justice: Skipping unnecessary administrative steps means your case can proceed more efficiently in court.
- Preserved Appeal Rights: Keeping the case in court ensures your full appellate rights are protected—something that can be limited in an administrative proceeding.
Injured? Talk to Turner-Monahan, PLLC Today
If you’ve been injured on the job—or in a situation where your employer is trying to claim workers’ compensation bars your lawsuit—it’s critical to talk to an experienced attorney who understands the nuances of Texas law.
At Turner-Monahan, PLLC, our personal injury attorneys, Matthew McLain and Tyler Monahan, are committed to standing up for injured individuals and helping them pursue the full compensation they deserve.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written agreement.
