Navigating Work Injuries in Texas: Your Legal Rights
If you need a Texas work injury attorney, here’s what you need to know:
- Consultation Cost: Most offer free initial consultations
- Payment Structure: Typically work on contingency (15-25% of recovery)
- Timeline: File workers’ comp claims within 1 year; lawsuits within 2 years
- When to Hire: Immediately after serious injuries, denied claims, or if employer lacks workers’ comp
- What They Do: Handle paperwork, negotiate with insurers, gather evidence, and represent you at hearings
Being injured at work can turn your life upside down. Medical bills pile up, income stops flowing, and insurance companies often prioritize their bottom line over your recovery. A Texas work injury attorney specializes in helping injured workers steer this complex system to secure the compensation they deserve.
Texas has unique workplace injury laws that can be particularly challenging. Unlike most states, Texas doesn’t require employers to carry workers’ compensation insurance. According to research, a significant percentage of Texas companies opt out of coverage altogether, creating a complex legal landscape for injured workers.
“When a serious injury puts life on hold, turn to a tough attorney to fight for you.”
The stakes are high. In 2019 alone, almost 50,000 Texans suffered work injuries requiring time away from work. Nearly 30% of these injured workers needed more than a month to recover. Without proper legal guidance, many injured workers accept settlements far below what they deserve or face outright claim denials.
Whether your employer has workers’ compensation or is a “non-subscriber,” understanding your rights is critical. An experienced work injury attorney can help determine the best path forward—whether that’s navigating the workers’ compensation system, filing a personal injury lawsuit, or pursuing a third-party claim.
Don’t wait to get help. In Texas, you must report your injury within 30 days, file workers’ compensation claims within one year, and any lawsuits within two years of your injury.
What Is a Texas Work Injury Attorney?
When you’re hurt on the job in Texas, a Texas work injury attorney becomes your personal champion in what can feel like an uphill battle. These aren’t just any lawyers – they’re specialists who know every twist and turn of Texas labor laws, workers’ comp regulations, and workplace accident litigation.
Think of them as your guide through a system that wasn’t exactly designed with your best interests in mind. Unlike general practice attorneys who handle everything from divorces to wills, work injury lawyers focus exclusively on helping injured workers steer Texas’s unique – and sometimes frustrating – legal landscape.
“Insurance companies are not in the business of looking out for your best interests.”
This simple truth explains why having legal representation matters so much. Those friendly insurance adjusters? They’re trained to protect their company’s profits – often by offering you far less than you deserve. Your attorney stands between you and these tactics, leveling the playing field.
Roles of a Texas work injury attorney
Your Texas work injury attorney wears many hats while fighting for your rights. First, they’ll dig deep into what happened, investigating every angle of your injury to uncover who’s responsible and what your case is truly worth. This detective work matters – there might be multiple parties liable for your injuries, which could significantly increase your potential compensation.
They’ll gather compelling evidence – medical records that document your injuries, accident reports that establish facts, witness statements that support your version of events, and expert testimony that explains complex issues to judges and juries.
When it’s time to talk money, your attorney handles all negotiations with insurance companies. This spares you from pressure tactics and lowball offers while ensuring someone with experience values your claim properly.
And if fair settlement talks break down? Your attorney transforms into your courtroom advocate, presenting your case before judges or administrative panels with the confidence that comes from experience.
As one attorney put it, “My firm’s focus is on making sure you understand your injury and legal rights!” This educational role matters tremendously – many workers simply don’t know what options exist beyond what their employer initially offers.
How a Texas work injury attorney is paid
The good news? You don’t need a fat bank account to hire a quality Texas work injury attorney. Most work on what’s called a contingency fee basis – meaning they only get paid if you win your case. No recovery? No attorney fees.
For workers’ compensation cases, Texas law actually regulates what attorneys can charge. These fees must be approved by a judge at the Division of Workers’ Compensation (DWC) and typically can’t exceed 25% of what you recover. This oversight ensures that legal help remains accessible regardless of your financial situation.
In cases involving non-subscriber employers (those who opted out of workers’ comp), attorneys still generally work on contingency, but the percentage is usually agreed upon between you and your lawyer before representation begins. These arrangements are typically spelled out clearly in your initial agreement, so there are no surprises down the road.
The bottom line? Financial concerns shouldn’t stop you from getting the legal help you need after a workplace injury. The system is designed to make quality representation available to everyone who needs it – not just those who can afford hourly rates.
Common Texas Workplace Injuries & High-Risk Industries
Understanding the most common workplace injuries and high-risk industries in Texas can help workers recognize potential dangers and know when to seek legal help if an injury occurs.
Most Common Types of Work Injuries
Every day, hardworking Texans face significant risks on the job. According to the National Safety Council’s research, overexertion tops the list of workplace injuries in the Lone Star State. These injuries happen when you push your body beyond its limits—think of the warehouse worker who lifts one too many heavy boxes or the nurse who helps move patients all day. Your back gives out, muscles tear, and suddenly, you’re facing weeks or months of recovery.
Slip and falls come in as a close second. Whether it’s tripping over unmarked hazards or falling from scaffolding, these accidents can change your life in seconds. A simple fall might leave you with broken bones, but more serious incidents can cause traumatic brain injuries or spinal damage that affects you for years.
The third most common injury type involves contact with equipment. When you’re caught between machinery parts or struck by moving vehicles or tools, the results can be devastating. These accidents often lead to crushing injuries, amputations, or worse.
The numbers tell a sobering story. In 2019 alone, nearly 16,000 Texas workers suffered strains, sprains, and tears. Another 16,000 experienced upper extremity injuries. Even more concerning, about 30% of injured workers needed more than a month away from work to recover. That’s a lot of missed paychecks and mounting bills while you’re trying to heal.
High-Risk Industries in Texas
Some Texas industries are particularly dangerous places to earn a living. The construction industry consistently ranks among the deadliest, with falls from heights, being struck by objects, and electrocutions claiming lives every year. If you’ve ever watched a high-rise go up in Dallas or Houston, you’ve witnessed workers taking significant risks daily.
Oil and gas extraction – the industry that built much of Texas’s economy – brings its own set of hazards. From wellhead explosions to chemical exposures, the dangers are ever-present for those working in the fields of West Texas and beyond.
Healthcare workers might not seem at high risk, but nurses and medical staff suffer back injuries at alarming rates. Lifting and moving patients takes a serious physical toll over time.
The transportation and warehousing sector sees everything from highway crashes to loading dock accidents, while manufacturing workers face machinery mishaps and repetitive motion injuries that develop over years of performing the same tasks.
According to scientific research on leading work injuries, Texas holds the unfortunate distinction of leading the nation in workplace fatalities. In 2015 alone, 527 Texas workers never made it home to their families. Behind each of these statistics is a real person – someone who deserved better protection on the job.
When you’re injured at work in one of these high-risk industries, having a Texas work injury attorney who understands these specific workplace dangers can make all the difference in getting the compensation you deserve.
Texas Workers’ Compensation, Non-Subscriber Employers & Third-Party Lawsuits
Texas stands apart from the rest of the country when it comes to workplace injury laws. If you’re hurt on the job, understanding these unique rules can make all the difference in your recovery and financial stability.
Texas Workers’ Compensation System
Workers’ compensation in Texas operates as a no-fault insurance system that provides injured workers with medical care and income benefits regardless of who caused the accident. But here’s the Texas twist – unlike almost every other state, Texas doesn’t require employers to carry workers’ compensation insurance.
When employers do provide this coverage, they gain important legal protection. It’s called the “exclusive remedy” provision, and it basically means you can’t sue your employer for damages beyond what workers’ comp provides. In exchange, you receive benefits without having to prove your employer did anything wrong.
The benefits available through workers’ compensation in Texas come in several flavors:
Temporary Income Benefits (TIBs) keep money flowing while you’re healing and unable to work or earning less because of your injury. Recent maximum rates were about $1,007 weekly, with minimums around $151.
Impairment Income Benefits (IIBs) kick in once you’ve reached maximum medical improvement but are left with permanent impairment.
Supplemental Income Benefits (SIBs) provide additional support for workers with more serious permanent impairments who meet specific criteria.
Lifetime Income Benefits (LIBs) are reserved for the most devastating injuries – think loss of limbs or severe brain damage – that fundamentally change your life forever.
Non-Subscriber Employers
Here’s where Texas truly stands alone: employers can simply opt out of the workers’ compensation system entirely, becoming what’s known as “non-subscribers.” Many major companies in Texas – including retail giants like Walmart, Amazon, and Home Depot – have chosen this route.
“If your employer does not carry workers’ compensation insurance, you can sue them under personal injury law.”
This actually creates an opportunity for injured workers. When employers opt out, they lose their shield against lawsuits. If you’re hurt while working for a non-subscriber, you can file a personal injury lawsuit if your injury resulted from negligence. This opens the door to compensation that workers’ comp doesn’t cover – pain and suffering, full lost wages (not just a percentage), and even punitive damages in cases of gross negligence.
A Texas work injury attorney can help determine if your employer is a non-subscriber and guide you through this more complex but potentially more rewarding process.
Third-Party Lawsuits
Even if your employer provides workers’ compensation, you might still have options beyond those benefits. If someone other than your employer contributed to your injury, you may be able to file what’s called a “third-party lawsuit.”
For example, if you were hurt by defective equipment, you might have a claim against the manufacturer. If you were injured on someone else’s property while working, the property owner might be liable. Other contractors at your worksite or drivers who caused a collision while you were on the job could also be held responsible.
These third-party claims allow you to seek compensation beyond what workers’ comp provides. However, be aware that if you win a settlement, your employer’s workers’ compensation insurance may have a right to be reimbursed for benefits they already paid you – this is called subrogation.
Important Deadlines to Remember
Texas doesn’t give you forever to act after a workplace injury. Miss these deadlines, and you could lose your right to compensation:
30 days to tell your employer about your injury
1 year to file your workers’ compensation claim with the Division of Workers’ Compensation
2 years from your injury date to file a personal injury lawsuit against a non-subscriber or third party
These timelines fly by when you’re dealing with injuries, medical appointments, and financial stress. That’s why talking to a Texas work injury attorney soon after you’re hurt can make all the difference – they’ll make sure you don’t miss these critical windows of opportunity.
According to OSHA data, workplace fatalities remain a serious concern in Texas, with the state consistently ranking among the highest for workplace deaths. This sobering reality underscores the importance of understanding all your legal options when workplace injuries occur.
Protecting Your Rights, Hiring the Right Attorney & Key FAQs
Getting hurt at work turns your world upside down. One minute you’re doing your job, the next you’re dealing with pain, medical bills, and worried about your future. Let’s talk about how to protect yourself and get the help you deserve.
Immediate steps after a Texas workplace injury
The moments after a workplace injury matter more than you might think. First things first – tell your supervisor what happened right away. Texas law gives you 30 days to report an injury, but why wait? The sooner you report it, the stronger your case.
Don’t tough it out when it comes to medical care. Even “minor” injuries can turn serious, and that initial medical documentation creates an important record of what happened.
If you can, snap some photos of the accident scene and whatever caused your injury. Those pictures might become your most valuable evidence later on. And if coworkers saw what happened, get their contact information before memories fade or people move on to different jobs.
Be prepared for a drug test – many Texas employers require them after workplace accidents. It’s just part of the process, so don’t take it personally.
As one attorney put it: “The steps you take immediately after an injury can make or break your case. Document everything and get medical help right away.”
Dealing with employers without workers’ comp
Texas is unique – employers here can choose not to carry workers’ compensation insurance. If your employer is a “non-subscriber,” your path to compensation looks quite different.
First, confirm their status by asking directly or checking with the Texas Department of Insurance. Without workers’ comp protection, your employer loses their immunity from lawsuits, which means you can sue them if their negligence caused your injury.
Keep detailed notes of every conversation about your injury. Save emails, text messages, and write down who said what and when. These records become invaluable if things get contentious.
The silver lining of a non-subscriber situation? You can potentially recover more money than through workers’ comp. Beyond medical bills and partial wage replacement, you might receive compensation for pain and suffering, mental anguish, and all of your lost income – not just a percentage.
Texas work injury attorneys understand the significant differences between these two systems and can help you steer whichever path applies to your situation.
Can you be fired or retaliated against?
It’s a common fear – “If I report my injury or file for benefits, will I lose my job?”
The good news: Texas Labor Code Section 451 makes it illegal for employers to fire you or take other negative actions because you filed a workers’ compensation claim. This protection covers you for reporting an injury, hiring a lawyer, testifying in a case, or reporting safety violations.
Retaliation can take many forms – termination, demotion, sudden schedule changes, or being assigned to less desirable duties. If you notice any suspicious changes after reporting an injury, document them carefully and consider speaking with a Texas work injury attorney right away.
As one workplace safety advocate noted, “The law protects you from retaliation, but you need to be vigilant and document any suspicious treatment after filing a claim.”
What if my claim is denied?
Hearing “claim denied” feels like a punch to the gut when you’re already hurting. But don’t lose hope – denials are common, and you have options.
Insurance companies deny claims for many reasons. They might question whether your injury happened at work, claim you had a pre-existing condition, dispute the extent of your injuries, or point to missed deadlines or paperwork errors.
If your claim is denied, you can appeal through a series of steps:
- Begin with a Benefit Review Conference (BRC) – an informal meeting to discuss the dispute
- If that doesn’t resolve things, move to a Contested Case Hearing (CCH) before a judge
- Still not satisfied? Take it to the DWC Appeals Panel
- As a last resort, you can seek judicial review in civil court
While the state provides ombudsmen to help injured workers, these professionals often juggle enormous caseloads. As one legal expert bluntly put it, “Your ombudsman is trying their best, but they’re overwhelmed and can’t give your case the attention it deserves.”
Having your own Texas work injury attorney levels the playing field when insurance companies bring their legal teams to fight your claim.
Choosing the best lawyer for your case
Finding the right attorney feels like finding a trusted guide when you’re lost in unfamiliar territory. Here’s how to choose someone who’ll truly fight for you.
Look for board certification in Workers’ Compensation Law – this credential means the attorney has demonstrated specialized knowledge and experience in this specific area. Experience with cases similar to yours matters too – an attorney who’s handled dozens of back injury cases will better understand the medical and legal issues involved in yours.
Even though most cases settle, choose an attorney with trial experience. Insurance companies know which lawyers actually go to court and which ones always settle – and they offer less money to clients represented by “settlement-only” attorneys.
Pay attention to how the attorney communicates. Do they explain things clearly? Do they return calls promptly? You deserve someone who treats you like a person, not just another case number.
At Gibbs & Crivelli, you’ll work directly with experienced attorneys who understand what you’re going through. Most work injury attorneys work on contingency, meaning you pay nothing upfront and they only get paid if you win your case.
Frequently Asked Questions about Texas work injury attorney services
What are the filing deadlines for workplace injury claims in Texas?
Time is critical after a workplace injury. You must report your injury to your employer within 30 days. If they have workers’ comp insurance, you have one year to file your claim with the Division of Workers’ Compensation. For lawsuits against non-subscribers or third parties, you generally have two years from your injury date. Miss these deadlines, and you could lose your right to compensation forever.
Can I sue a third party if my employer has workers’ compensation?
Absolutely. While workers’ comp usually prevents you from suing your employer, you can still pursue claims against others who contributed to your injury. That might include equipment manufacturers, subcontractors, property owners, or negligent drivers. These “third-party claims” can provide additional compensation beyond workers’ comp benefits.
How much does it cost to hire a Texas work injury attorney?
Good news – you don’t need money upfront to get quality legal help. Most Texas work injury attorneys work on contingency, meaning they only get paid if you win. For workers’ comp cases, attorney fees are capped by law and must be approved by a judge. For personal injury claims against non-subscribers or third parties, attorneys typically receive 33-40% of your recovery amount.
Can undocumented workers receive compensation for workplace injuries?
Yes. Texas law protects all workers, regardless of immigration status. Undocumented workers qualify for workers’ compensation benefits if their employer carries such insurance. They can also file lawsuits against non-subscriber employers or third parties. Your immigration status should never prevent you from seeking the compensation you deserve after a workplace injury.
What if my employer says I can only see their doctor?
If your employer has workers’ comp insurance, the insurance carrier may establish a network of approved healthcare providers. While you generally must choose a doctor within this network, you have the right to select which network doctor treats you. For non-subscriber cases, you typically have more freedom to choose any doctor you prefer.
The right Texas work injury attorney can help you steer all these complexities while you focus on what matters most – your recovery.
Conclusion
Navigating a workplace injury in Texas can feel like trying to find your way through a maze blindfolded. The unique twists and turns of Texas work injury law—from employers being able to opt out of workers’ comp to tight reporting deadlines—make having a guide by your side not just helpful, but essential.
We at Gibbs & Crivelli understand that behind every case file is a real person whose life has been turned upside down. Your injury isn’t just a claim number to us. Our attorneys have spent years going toe-to-toe with insurance companies that would rather see you settle for pennies on the dollar than pay what you truly deserve.
Remember these crucial steps if you’ve been injured:
Act quickly after your injury. Report it to your supervisor right away and get medical help, even if you think it’s “just a small thing.” Small things have a way of becoming big problems when left untreated.
Know where you stand by finding out if your employer carries workers’ compensation insurance or is a non-subscriber. This single fact completely changes your legal path forward.
Document everything related to your injury—save medical records, take photos, keep a journal of your pain and limitations, and hang onto any communication with your employer or their insurance company.
Understand all your options, whether that’s pursuing workers’ comp benefits, filing a lawsuit against a non-subscriber employer, or bringing a claim against a third party whose negligence contributed to your injury.
Get proper legal help from a Texas work injury attorney who knows the system inside and out. While you focus on healing, we’ll focus on fighting for what you deserve.
Your employer has legal experts looking out for their interests. You deserve someone equally dedicated in your corner.
If you’ve been hurt on the job, don’t try to shoulder this burden alone. Reach out to Gibbs & Crivelli for a free, no-obligation consultation. We serve injured workers throughout Texas, including Austin, Cedar Park, Harker Heights, Killeen, Pflugerville, Round Rock, San Marcos, Temple, and Georgetown.
We’ll help you understand your rights in plain English (no legal mumbo-jumbo), explore your best path forward, and fight with everything we’ve got to get you the compensation you need to put your life back together. Learn more about our work injury services.