Personal Injury
Workplace Injuries
On-the-job injuries beyond a simple workers-comp claim, including third-party liability against contractors.
Texas is the only state where employers are not required to carry workers' compensation insurance. That single fact shapes every workplace injury case in the state. Whether the employer is a "subscriber" (carries workers' comp) or a "non-subscriber" (does not) determines what claims you have and how aggressively the employer can be pursued.
For non-subscribers, the employee can sue the employer directly for negligence - and the employer cannot defend by saying the employee was partly at fault, that a coworker was negligent, or that the employee assumed the risk. This is a powerful statutory framework and one many injured workers do not know exists.
For subscribers, workers' comp is generally the exclusive remedy against the employer, but third-party claims often exist: against the property owner, general contractor, equipment manufacturer, or another subcontractor whose negligence caused the injury. South Texas oilfield, agricultural, and construction work routinely involves multiple companies on one site, and the third-party case is often the bigger recovery.
We evaluate whether the employer is subscriber or non-subscriber, identify every third party with potential liability, coordinate any workers' comp claim, and pursue the full recovery the law allows. We work on contingency and advance case costs.
Common scenarios
Situations we see often
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Oilfield rig hand injured by equipment failure
You are hurt by a tong or top drive that should have been red-tagged. Multiple contractors are on site. The equipment may have a manufacturing or maintenance defect.
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Construction worker falls from scaffolding
A subcontractor's scaffold collapses. The general contractor, scaffold company, and subcontractor may all share fault. Workers' comp does not cover the full extent of the loss.
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Warehouse worker crushed by forklift
A coworker operates a forklift without proper training. The employer is a non-subscriber. Direct negligence claims are available without the usual defenses.
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Agricultural worker injured by unsafe machinery
A piece of farm equipment lacks required guards. The grower, equipment manufacturer, and crew leader may share liability.
What to do
If this happens to you
Report the injury to your supervisor in writing the same day. If you are a workers' comp subscriber's employee, your employer must provide notice of the carrier and forms - get copies. Get medical care immediately, and if you are a workers' comp claimant, follow the carrier's required network rules when they apply.
Take photos of the scene, the equipment, any safety violations, and your injuries. Get the names and contact information of every contractor, subcontractor, and supervisor on site. Talk to a lawyer about a third-party claim before the trail goes cold.
How we help
How our firm can help
We confirm subscriber/non-subscriber status immediately and explain what claims are available. We identify every third party (general contractor, property owner, equipment manufacturer, other subs) with potential liability and pursue their insurance separately from any workers' comp claim.
We work with safety experts, engineers, and treating providers to document the cause of the injury and the full extent of the disability. For non-subscriber cases, we use the strong statutory framework that strips the employer of common defenses. For third-party cases, we pursue full common-law damages.
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527
workplace fatalities in Texas in 2022 (most of any state)
U.S. BLS, Census of Fatal Occupational Injuries
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#1
state for oil and gas industry fatalities
U.S. BLS, 2022
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~20%
of Texas employers are non-subscribers to workers' comp
Texas Department of Insurance
Common questions
Questions about Workplace Injuries
Can I sue my employer for a workplace injury in Texas?
If the employer is a non-subscriber to workers' comp, yes - directly for negligence, and the employer cannot use the usual contributory negligence or assumption-of-risk defenses. If the employer is a subscriber, workers' comp is usually the exclusive remedy against the employer, but third-party claims often exist.
How do I know if my employer carries workers' comp?
Texas employers must notify employees in writing whether they carry workers' compensation. You can also confirm with the Texas Department of Insurance, Division of Workers' Compensation. We check during the intake.
I am already getting workers' comp. Can I still sue someone else?
Often, yes. Workers' comp generally only bars claims against the employer. If someone else was negligent - another contractor, an equipment manufacturer, a property owner - you can pursue them. The workers' comp carrier may have a subrogation interest in part of any third-party recovery, but the net to the worker is typically much larger.
What if my employer is retaliating against me for getting hurt?
Texas law prohibits retaliation against an employee for filing a workers' compensation claim in good faith. Damages can include lost wages, mental anguish, and in some cases punitive damages.
Related topics
More under Personal Injury
Direct consultation
Ready to talk about your case?
Call the firm or schedule a consultation. We speak Spanish and English. Initial consultations are confidential.