Texas Work Injury Lawyer

According to the state of Texas, there were more than 178,000 workplace related injuries in 2022. Injuries sustained on the job can be very severe and some even disastrous. It is possible for victims to sustain significant and long-lasting injuries, such as paralysis or brain damage. Families may also experience long-term mental and financial repercussions as a result of the incident. Something you may know all too well if you’re seeking the help of an experienced work injury lawyer.

Our law office and our team of Texas work injury attorneys are here to provide aid in the event that you have sustained an injury while working, or if you’re the family of a victim seeking justice. For over 35 years, we have been representing injured workers in Texas as well as the families of workers who were hurt as a result of the negligence of someone else. As a result of this, our attorneys who specialize in work injuries have been successful in recovering multi-millions of dollars in countless lawsuits that involve a wide variety of work-related accidents.

Our Texas Workplace Accident Firm’s Track Record

Our firm has an excellent track record of settlements, and we owe much of our success to our lead attorney, Domingo Garcia. He earned a spot in the Texas Top 50 Settlements for 2019. Over the years, he and his legal team have secured the following:

• A $26.5 million settlement for a victim of a fall due to workplace negligence.
• A $7.5 million recovery for the family of a worker who died due to a fire on a job site.
• A $5.5 million verdict for a worker who fell on a construction site.
• A $5 million settlement a worker who died in an oilfield accident.
• A $4.6 million settlement for a paralyzed worker who fell from faulty scaffolding.

We’re confident in our abilities to recover compensation for your losses. 

Filing a Workers’ Compensation Claim

After sustaining a work injury or being diagnosed with a work-related illness, it is crucial to understand the timeframe for making a workers’ compensation claim. Generally, you have a limited period of time to take action. In particular, According to the Texas Department of Insurance, you have 30 days from your injury to report it to your employer. After you do this, you must file a workers’ compensation claim within one year of your injury.

 This notification serves as the initial step towards initiating your workers’ comp claim.

It is important to be aware that if your claim is denied, additional deadlines come into play. In such cases, you must adhere to specific timelines for filing an appeal. Meeting these deadlines promptly is crucial to ensure that your claim is properly addressed, and you have the opportunity to pursue the compensation you deserve for your work-related injury or illness.

There are two important things to know if your employer is a non-subscriber :

1. You have rights make a claim or even file a lawsuit to recover money damages for all of your injuries and losses (something you can not do if your employer has true workers compensation.
2. Many non-subscriber employers still have insurance policies that will pay for medical and income replacement after an injury and these are often confused as a “workers’ compensation insurance policy”.

Does this sound confusing or tricky?  Yes it is and can be!  That is why you need an experienced Texas work injury attorney to review your case and employer plan at no cost to you to determine your rights. There is never a charge for any review or investigation until and unless we recover a money settlement for you. Even if you are receiving medical and wage replacement insurance payments—you may have more rights available to you.

What are the Differences Between Non-subscriber employers and Workers compensation Employers?

We can help you determine if your employer is a non-subscriber, or if they’re part of Texas’ Workers Compensation Coverage. This is a very important distinction, so you can understand what your legal options are when trying to receive compensation or file a claim.

• If your employer has Worker’s Compensation subscriber insurance from the State of Texas, you cannot sue them for negligence for your injuries. You are limited to wage and medical benefits for a set and limited time period.
• If your employer is a non-subscriber with or without insurance covering the non-subscriber plan, you can sue the employer for If you have been injured or your loved one was killed, the employer cannot assert any blame on the employee if they contributed to the injury. This is the case even if you are already receiving medical and wage payments.

Injured workers of non-subscriber employers have the right to file lawsuits against their employers to seek compensation for things like long-term medical expenses, lost wages and diminished earning capacity, and pain and suffering. These cases are subject to traditional personal injury laws, which require proving negligence on the part of the employer. Proving the negligence of the employer is a process that necessitates hiring an experienced work injury attorney.

When it comes to claims against non-subscribers, the employer is frequently unwilling to pay more than it actually needs to for damage or injury incurred by employees while they are on the job. It is essential to have all of the facts and your employer might use any number of tactics to try to limit the amount of money that they might be compelled to pay.   

When it comes to successfully receiving compensation from your employer, having legal assistance is always beneficial. Proving negligence and establishing liability are two of the most critical factors our Texas Work Injury Lawyers can help with.

What Additional Benefits can a Texas Work Injury Lawyer obtain for me in a Texas Non-subscriber case?

If you are receiving medical and wage loss benefits from a non-subscriber employer insurance company, you should know these benefits are usually only for a limited time period regardless of how bad you are injured. Most non-subscriber plans only pay benefits for a maximum of two years. After that period of time you will receive no more medical or wage loss benefits from your employee regardless of how bad you are injured or whether you need more medical care.

The danger of waiting until benefits have stopped before consulting with an experienced Texas Work injury Attorney is that your ability to file a lawsuit ends under Texas law two years from the date of your accident.

If your employer is a non-subscriber, you are entitled to 100% of your pain and suffering, mental anguish, physical impairment and disability losses in money damages. You are also entitled to all future medical expenses that may not be covered by the plan and 100% of any loss of earnings or ability to earn. These are things you can recover money damages for in a non-subscriber case but cannot recover if your employer has a true Texas Workers compensation insurance plan or policy.

Once again, this can be confusing to determine which type of insurance your employer has. Do not take your employer’s word for it. Call our experienced Texas Work Injury Attorneys and we will provide you answers absolutely free of charge. We never charge a fee unless we win you a money settlement. 

You Can File a Third-Party Liability Claim Following a Workplace Incident

You could file a third-party liability claim if another party’s negligence caused your condition. So, a subcontractor, another business, or another party could owe you damages. You can also initiate a third-party lawsuit if your injuries resulted from a defective product you used on the job. You can file a third-party claim if:

• You or a loved one were employed at a construction site.
• Guardrails, hole covers, or other fall protection safeguards were not in place or not maintained by another contractor, your employee, or the general contractor.
• You suffered a fall and have serious injuries, or your family member was killed due to a fall.

It’s important to note that you cannot sue your employer if they carry workers’ compensation insurance in many workplace injury cases. However, you still have legal options against other parties, including the general contractor.

Please be aware, if your employer does NOT have workers compensation insurance you have all of your rights to bring a claim or lawsuit against your employer for negligence.  This can be a tricky area of the law, so be sure to call a Texas Work Injury Lawyer for a free consultation to understand your rights

Can I be fired for filing a Workers Compensation claim?

According to Texas Labor Code – 451.001, you cannot be fired for hiring an attorney to pursue a work injury claim or lawsuit. This important protection ensures that you can seek legal representation without any risk to your employment. It is crucial to understand that this right empowers you to navigate the complex legal landscape surrounding work injuries with peace of mind.

Additionally, it is essential to be aware of your broader rights if you find yourself injured at work. In many cases, you have the legal right to file a workers’ compensation claim with your employer. This claim allows you to seek financial compensation and access necessary medical benefits to aid in your recovery. This fundamental right ensures that you are not left alone to bear the burdens of your workplace injury.

Furthermore, it is important to note that in certain circumstances, you may have the right to pursue a work injury lawsuit. This legal recourse can be pursued against a contractor, fellow worker, business owner, or even an employer who does not carry workers’ compensation insurance. By exercising this right, you can seek additional compensation and hold responsible parties accountable for their actions.

Remember, both workers’ compensation claims and work injury lawsuits are avenues available to you, depending on the specific circumstances of your injury. It is crucial to consult with a qualified attorney who specializes in work injury cases to understand the best course of action for your situation. By doing so, you can ensure that your rights are protected and that you receive the comprehensive support and compensation you deserve.

Can I be terminated while on workers’ compensation?

Yes, it is possible to be terminated while receiving workers’ compensation benefits, but there are certain conditions that must be met. According to employment laws in many jurisdictions, including some states in the United States, employers cannot retaliate against an employee for filing a workers’ compensation claim. This means that simply making a claim should not be grounds for termination or job loss.

However, it’s important to note that termination may be legally justified if it is based on misconduct unrelated to the workers’ compensation claim. In such cases, if an employee engages in behavior or actions that are considered to be misconduct, it is possible for them to be terminated even while they are on workers’ compensation.

To summarize, while it is generally against employment laws for an employer to retaliate or terminate an employee solely because they have filed a workers’ compensation claim, termination may be lawful if there is misconduct unrelated to the claim. It’s crucial for both employers and employees to understand their rights and obligations under the applicable employment laws in their jurisdiction.

Personal Injury Claim vs. Workers’ Compensation Claim

Workers’ compensation and personal injury claims are similar but have key differences. One of the most significant differences is the type and amount of damages you can recover. You can get various compensation benefits from your employer in a workers’ compensation claim. As an injured employee, you could receive benefits such as:

• Temporary income benefits
• Medical benefits
• Burial benefits
• Death benefits
• Impairment benefits

When you file a claim for personal injury, on the other hand, you will be able to collect a greater amount of property damage. It is also important to note that the majority of the damages that you could potentially receive in a personal injury case will not be able to be obtained from your employer. Later on, we will discuss the damages that you are eligible to get for your injuries sustained on the job through a civil case.

It is essential to keep in mind that even if you file a claim for workers’ compensation, you still have the ability to file a lawsuit for additional personal injury damages against a negligent third party. This is true even if your employer has workers’ compensation insurance. An appointment with one of our Texas work injury attorneys at Domingo Garcia for a free consultation is the best way to acquire a comprehensive understanding of your legal rights.

What are the Workers’ Comp Laws in Texas?

Workers’ Compensation laws in Texas are regulations put in place to ensure that workers who suffer injuries or illnesses as a result of their work are provided with necessary benefits. These laws are overseen and administered by the Texas Department of Insurance. The purpose of the workers’ compensation program in Texas is to offer medical benefits and compensation payments to those workers who find themselves in unfortunate circumstances due to work-related incidents. It is a means of support and protection for workers who may face health challenges or injuries while on the job. Additionally, these laws help to shield employers from potential civil lawsuits that may be brought against them by injured workers. For more information, you can also visit the OIEC of Texas, as well as the State of Texas’ webpage regarding the relevant Workers Compensation laws through the Texas Department of Insurance. These laws are complicated, and if you need help navigating through the details, please call us today. Our consultations are free and we’re here to help.

Common Types of Workplace Accidents We Handle

Workplace injuries arise from many different types of incidents. These can include:

Construction Accidents

Construction is one of the most hazardous work fields. According to OSHA, falls from heights are the most common fatal workplace accidents in the U.S. We advocate for people who have suffered these injuries while working on construction sites:

• Falls from heights, scaffolding or elevated structures
• Lacerations, including ones that can lead to limb amputation
• Burns, including third-degree burns
• Broken or even crushed bones
• Head and brain injuries
• Spinal cord trauma
• Exposure to a toxic substance while on a worksite

We’ll also pursue damages if you were exposed to a toxic substance while on a worksite.

Auto Accidents

Many jobs require workers to drive either their own or a company car. Workplace accidents involving Houston auto accidents are unique. Liability could rest with an employer, property owner, or negligent driver. 

Once we assess your case, we will aggressively seek payment for you. Additionally, we will keep you informed of the status of your case at all times.

Forklift Accidents

Workers use forklifts on construction sites, warehouses, retail stores, and other locations. When the operator doesn’t drive a forklift properly, they can cause:

• Crushed bones due to a forklift rollover.
• Whiplash.
• Impalement.

No matter what type of workplace injury you suffer, we’re ready to advocate for you.

Injuries Due to Faulty Equipment and Machinery

In many fields of work, workers must operate heavy, dangerous and heavy equipment or machinery. As a result, workers can suffer crushed bones, burns, and many other injuries. Here, liability can rest with a maintenance team or product manufacturer.

Accidents on Oilfields

Thousands of people work in the oilfields all around Texas. Workers in this industry face the constant danger of burns, inhalation injuries, and other disabilities on the job. As oilfield workers, we will fight for your rights in the event that you seek damages.

Parties that Could Be Liable for Your Texas Work Accident

As an injured worker, you have a legal right to collect compensation for your financial losses. An experienced Texas Work Injury Lawyer will identify the responsible parties and seek maximum compensation on your behalf. You could even hold more than one party accountable for your losses, giving you more than one avenue of seeking damages.

Depending on the type of accident you suffered, there could be various liable parties. Common liable parties in a Texas work injury case include the following:

• Your employer
• A general contractor
• A negligent coworker
• A subcontractor on the job site
• A job site supplier
• A property owner or manager
• A manufacturer or renter of equipment
• An engineer or a product designer
• An electrician
• A maintenance professional
• A pedestrian
• A motorist

What Damages Can You Claim in a Texas Work Injury Case?

After someone’s negligence leads to your injury, your losses can be overwhelming. However, you may have several recoverable financial and non-financial damages due to the accident and your injuries, such as:

• Complete wage replacement and related damages: A personal injury claim or lawsuit may let you recover all of your lost wages, as well as any lost benefits, bonuses, and retirement contributions. You could even claim lost earning potential.
• Medical bills: Compensation for medical expenses could include medication, assistive medical equipment, accommodative home renovations, life care, surgeries, and therapy.
• Pain and suffering and other intangible damages: Your injuries may cause significant physical and mental pain and suffering. You can seek these damages in your personal injury claim or lawsuit. You can also claim related damages, including anxiety, disability, disfigurement, paralysis, and loss of enjoyment of life.
• Other tangible damages: These could include property damage costs, hiring in-home help, and assistance with childcare.

We Will Seek Wrongful Death-Related Damages

According to the Texas Department of Insurance, there were more than 570 fatal workplace injuries in Texas in 2022. If you lose someone you love in a Texas work accident, we sincerely mourn for your loss and what your family is going through. We’ll take on your case so you can have the time to grieve your loss properly. With our help, you can claim wrongful death damages, such as:

• Loss of consortium
• Loss of spousal support
• Loss of parental support
• A loss of family income
• Medical expenses
• Funeral-related expenses
• Pain and suffering
• Mental anguish
• Emotional distress
• Burial expenses

We Will Evaluate Each of Your Losses

Without assistance, you may not understand how much you can recover. Sure, you can calculate your medical bills and property damage receipts. But what about damages that don’t have inherent dollar values, such as pain and suffering?

A Texas work accident lawyer from our firm will evaluate your damages. They will use one of many methods recognized by employers, insurance companies, and judges. We may also consult economists, medical professionals, and mental health experts to learn more about your situation.

Your Personal Injury Lawyers Will Assert Your Case’s Value With Evidence

Listing your damages and presenting them to the insurance company isn’t enough. You must prove you have these damages. This requires evidence of your work-related injuries, such as:

• Your medical records
• Photos of the accident scene and any external injuries
• Your employer’s statement about the incident
• The injury report you submitted to your employer
• The report the police wrote up after the incident
• Onsite security camera footage of the incident
• Pedestrians who witnessed your accident
• Maintenance records of the equipment or machinery that caused the incident, if applicable

Our Personal injury law firm is ready to fight for the damages you qualify for after your work injury accident.

Texas Imposes a Deadline on How Long You Have to File a Legal Claim

Your Texas workplace injury attorney understands all laws that apply to your case, including the statute of limitations. You generally have two years to file your case, per Texas Civil Practice and Remedies Code § 16.003. By filing your case on time:

• You preserve time-sensitive evidence, such as camera footage.
• You uphold your right to damages through the civil court system.
• You prevent the other party from contesting your case’s validity.

Your Texas workplace accident injury attorney will meet all deadlines related to your case. Connecting with us as soon as possible prevents the statute of limitations from negatively affecting your situation.

What You Can Expect from Your Workplace Injury Lawyer

Our Texas workplace injury lawyers are ready to help you build a strong case and guide you through the legal process. We will:

Prove Liability for Your Accident-Related Losses

In order to claim damages for personal injury, you will need to demonstrate that your injuries were caused by the negligence of another party. Showing that this is the case requires:

• It was the party’s responsibility to ensure that you were safe while you were on the job.
• The party disregarded these obligations, possibly by permitting risks to be present on the workplace.
• The activities of the other party, which were reckless, were the cause of your injuries.
• As a result of your injuries, you have incurred a number of damages, including medical expenses and compensation for lost wages.

The evidence from your case will be used to demonstrate these components. Additionally, in order to assert them, we need to identify the cause of your accident.

Establish How Your Accident Happened

After establishing the four elements of negligence, the next part of the legal process is identifying the event that led to your injuries. For example, our investigation may find one or more of the following factors caused your workplace injury such as:

• Operating employee equipment, like a crane or forklift, in an unsafe manner.
• An employer neglected to inspect and fix equipment, like safety gear.
• An employer failed to train their employees in workplace safety best practices.
• A general contractor failed to ensure their subcontractors have adequate experience or use appropriate safety equipment like harnesses and ropes.
• An equipment manufacturer failed to meet certain manufacturing standards.
• An employer failed to offer functioning work supplies or materials.
• Another party’s failure to adhere to safety regulations, such as those imposed by the Occupational Safety and Health Administration (OSHA).

File Your Insurance Claim With the Liable Party

Negotiations can be complicated. The liable party may contest your case’s validity. They may also offer less than you’re owed or refuse to settle.

However, your lawyer will push them to settle using various legal tactics. Still, if the insurance company refuses to settle, we’ll file a lawsuit and go from there.

Move Forward With a Lawsuit

If the insurance company refuses to settle, we’ll file a personal injury lawsuit and pursue what you need via litigation. We must support your case with evidence, witnesses’ testimony, and other information. We must also:

• Exchange information with the other party’s legal team.
• Follow courtroom protocol.
• Cross-examine witnesses.
• Take depositions.

As noted, we must also file your case within Texas’s statute of limitations. Negotiating with insurance companies, investigating your case, and proving negligence do not extend this filing period. 

If you wait too long to initiate legal action, this could prevent you from seeking damages. However, depending on the details of your work accident, you may have a longer time to file a claim; we’ll let you know.

What Can You Do to Support Your Texas Work Accident Case?

You may wonder how you can support your injury case. We recommend that you:

Seek Medical Care

First and foremost, you need to make sure that you are receiving the necessary medical attention. For example, if you have experienced trauma to your spinal cord, you should seek the advice of an appropriate orthopedic physician.

For the sake of your health, it is essential that you seek medical assistance. Additionally, it is essential for your compensation claim because the insurance company needs to be aware that you are taking measures to minimize the deterioration of your injuries. It is also possible to establish a connection between your injuries and an accident that occurred at work if you seek medical assistance.

Let’s say you do not have health insurance or that you are unable to afford to get medical treatment. In such a scenario, our personal injury attorneys will give you a referral to a medical practitioner or clinic that will not demand payment until your case is resolved and you earn a financial recovery.

Limit Communications With the Liable Insurance Company

The liable party’s insurance company may contact you immediately after the accident. In addition, a claims adjuster may ask you for a recorded statement, which they can use to dispute your case. 

They may even offer you a settlement immediately, hoping you’ll accept.

If you accept any amount of compensation from the insurance company, this frees it from liability. But, unfortunately, that means you would not be able to pursue financial recovery later on. 

By allowing your lawyer to manage all communications with the insurance company, you can rest assured we’ll fight for the best possible outcome.

Refrain from Sharing the Accident’s Details With Others

You and your attorney are the only ones who should be aware of the specifics of your case. Your right to damages may be undermined, however, if you disclose anything in a public forum or on the internet. Obtaining compensation would be considerably more difficult as a result.

During the course of your case, you should refrain from publishing videos or images of yourself on the internet, making comments about your employment or the insurance company that is accountable for your injuries, providing the insurance company with a recorded statement, and attempting to handle case-related communication on your own.

When we say that we will assist you with every facet of your case, we are not joking around. First and foremost, we want you to concentrate on getting better from your injuries. In the meantime, we’ll pursue what you need and build the strongest possible claim.

FAQs About Work Injuries in Texas

You can get the answers to your questions during a free case review. During this initial meeting, you can learn about your legal options, the case’s strengths, and other relevant details. Below we’ve listed commonly asked questions we get from injured clients.

What Happens If I Contributed to the Accident?

Being partially at fault for an accident does not disqualify you from seeking damages. You have rights under Texas Civil Practice and Remedies Code § 33.001. This law notes that you can seek damages if your fault is less than 50%.

Our lawyers will protect you from unjust allegations of fault and fight for what you need. Even if the other party blames you entirely for the accident, don’t let this discourage you from seeking legal help from our team.

How can an experienced attorney help with third-party claims?

An experienced attorney who specializes in both workers’ compensation and personal injury can provide valuable assistance in third-party claims. They can navigate the complexities of these claims, ensuring that you receive the compensation you deserve for your injury caused by someone other than your employer or co-worker.

What is the difference between workers’ compensation claims and third-party claims?

Workers’ compensation claims are filed against the employer for injuries caused by co-workers or the employer itself. On the other hand, third-party claims are personal injury claims filed against a party other than the employer, such as a general contractor or a product manufacturer.

What types of law are involved in third-party claims?

Third-party claims are complex and involve different types of law, including workers’ compensation and personal injury. These claims require a thorough understanding of both areas of law to effectively pursue compensation.

Can I sue my employer or co-worker for causing my illness or injury?

No, you cannot sue your employer or co-worker for causing your illness or injury. Workers’ compensation only allows filing for compensation from your employer for injuries caused by co-workers or the employer itself. However, you can file a workers’ compensation claim for such cases.

Can I receive compensation if my injury was caused by someone on the jobsite who is not employed by my company, such as an outside contractor?

Yes, if your injury was caused by someone other than your employer or co-worker, you may have a third-party claim. This allows you to seek compensation from the party responsible for the injury, such as an outside contractor.

How Much Can I Recover for My Losses?

The value of your injury case depends on your situation. Your lawyer will review the following:

• The injuries you suffered
• Your condition’s severity
• Your estimated recovery period, if you can recover fully
• The cost of your medical care and other related expenses
• Your lost income and current future earning power

Our team will fight for every penny you need to account for your damages. However, when your case resolves, it should leave you with no out-of-pocket expenses.

Why Should I Partner With Your Law Firm?

For over 30 years now, the lawyers at our Texas firm have assisted injured workers. Our attorneys also assist families who have lost loved ones. Today, we’d like to put our many years of experience to work for you.

Your work injury attorney in Texas will explore your legal options. Filing a third-party claim or lawsuit can yield damages. Regardless, you can expect your attorney to help you make sound decisions and resolve your case.

How Long does It Take to Recover Damages?

In our years of experience, we’ve learned that every case progresses differently. Sometimes, we file a claim and immediately get a fair offer. However, those cases take a few days or weeks to complete. 

Other cases are more complicated. They require us to consult with experts, gather compelling evidence, and negotiate with the other party. As a result, those cases can take longer to resolve.

The key to getting a fair settlement is patience. It’s tempting to accept the first offer that comes your way. Yet, our lawyers believe you shouldn’t have to pay for anything out of pocket; instead, the other party should. So let us manage your case’s progression and outcome.

Contact Us to Work With Our Texas Workplace Accident Team

At Domingo Garcia, we have the legal experience to help you recover fair compensation from negligent parties. We’ll help you meet the deadline for a lawsuit or meet the requirements of a third-party claim during this difficult time. We’ll also help you recover benefits for workers’ compensation, such as medical benefits.

Contact us today to get started with your case. We’re eager to listen to your story and provide legal advice.