In Texas, recoveries in injury claims are treated like other property in a divorce.
The types of damages that are recovered will determine whether the money is considered separate property or community property. The Texas Family Code states any recovery for personal injuries sustained by a spouse during marriage is separate property except any recovery for loss of earning capacity during marriage which is community property.
In Texas, money for pain and suffering, mental anguish and disfigurement is considered separate property so an injured worker's spouse is not entitled to any of the money received for those damages.
To learn more about work injuries and your rights, please explore our Work Related Accidents Practice Area.