In Texas, getting hurt at work is more complicated than in almost any other state. That’s because employers can choose whether or not to carry standard workers’ compensation insurance, creating a confusing system that often leaves injured employees unsure of their rights.
This uncertainty can be nerve-wracking. You shouldn't have to become a legal scholar just to get the help you deserve. A knowledgeable Texas workplace injury lawyer can cut through the confusion and explain your options in plain English. Suits & Boots Accident Injury Lawyers was founded to help people in your exact situation—to provide clear answers and powerful advocacy when it matters most.
Key Takeaways about Texas Workplace Injury Cases
- Texas law does not require all private employers to carry workers' compensation insurance. Employers who opt out are called "non-subscribers."
- An injured employee of a non-subscriber company may be able to file a personal injury lawsuit against their employer to recover damages.
- Even if an employer has workers' compensation, an injured worker might have a "third-party claim" against another person or company whose negligence caused the accident.
- Damages recoverable in a workplace injury lawsuit can include medical expenses, lost wages, pain and suffering, and loss of future earning capacity.
- There are strict deadlines, known as statutes of limitations, for filing a workplace injury lawsuit in Texas.
Why Choose the Suits & Boots Houston Workplace Injury Lawyers?
We’re not like other personal injury firms, and we’re proud of it. Founded by brothers Jas and Kip Brar, Suits & Boots was created to be different—to put people before profits. We were tired of seeing hardworking Texans get shortchanged by law firms that cared more about a quick settlement than a just outcome. We combine the relentless, on-the-ground investigation (the "Boots") with sophisticated legal strategy (the "Suits") to build the strongest possible case for you. Knowing what questions should I ask when choosing a law firm can make a big difference, and we welcome every question because transparency builds trust.
Our unique approach includes:
- Immediate Financial Help: The bills don’t stop after an injury. We have options to help our clients get financial assistance while their case is in progress.
- No Cost, No Obligation 30-Day Investigation: We go beyond a simple "free consultation." We invest up to 30 days to dig deep into your case, giving you real answers about its potential value and timeline.
- The Max Money Method: This is our proprietary process for preparing, negotiating, and, if necessary, taking your case to trial. We don’t bluff, and we fight to get you the maximum compensation available.
With Suits & Boots, you get a team that doesn’t just represent you; we champion you. We are committed to helping you and your family move forward with the dignity and financial security you deserve.
Understanding Your Rights After an On-the-Job Injury in Texas
Texas is unique when it comes to workplace injuries. Unlike almost every other state, Texas allows most private companies to choose whether or not to carry workers' compensation insurance. This choice creates two main types of employers, and your legal options depend entirely on which category your employer falls into.
- Subscribers: These are employers who do have workers' compensation insurance. This insurance provides set medical and wage benefits to injured employees, but in exchange, it generally protects the employer from being sued for negligence.
- Non-Subscribers: These are employers who opt-out of the state workers' compensation system. According to the Texas Labor Code, if a non-subscriber’s negligence causes an employee’s injury, that employee has the right to file a personal injury lawsuit against the company.
Understanding your employer's status is the first and most critical step in pursuing compensation. A non-subscriber lawsuit allows you to seek a much broader range of damages than a workers' comp claim, but it also requires you to prove that your employer was at fault for your injuries.
Who is Responsible for Your Workplace Injury? Identifying Liable Parties
After an accident, it’s crucial to figure out exactly what—and who—caused it. In many cases, the responsibility may lie with more than one party. A thorough investigation by a Texas workplace injury attorney can uncover all potential sources of compensation, particularly if accident claims go to court, where every detail of fault and negligence must be proven to secure fair compensation.
Employer Negligence (in Non-Subscriber Cases)
If your employer is a non-subscriber, you can hold them directly accountable if their carelessness led to your harm. In these cases, your employer loses certain legal defenses they would normally have, making it easier to prove your case. Common examples of employer negligence include:
- Failure to provide proper safety equipment or gear.
- Inadequate training on machinery or job-related tasks.
- Forcing employees to work with broken or unsafe tools.
- Maintaining an unsafe work environment (e.g., slippery floors, poor lighting, unstable structures).
- Failure to establish and enforce necessary safety protocols.
These failures can lead to devastating accidents, and holding the employer accountable is a matter of justice.
Third-Party Liability Claims
Sometimes, your injury isn’t your employer's fault but was caused by the negligence of a completely different person or company. This is known as third-party liability. A third-party is any person or entity, other than your employer or a coworker, whose actions contributed to your injury. You can file a third-party lawsuit even if your employer has workers' compensation. Understanding what can a lawyer do for you after such an injury can help you take the right legal steps to hold every responsible party accountable.
Examples of potential third parties include:
- The manufacturer of a defective piece of machinery that malfunctioned and caused your injury.
- A driver from another company who hit you while you were making a delivery or driving for work.
- A subcontractor on a large construction site near the Port of Houston whose crew created an unsafe hazard that led to your fall.
- A property owner who failed to maintain a safe environment where you were sent to perform a job.
Pursuing a third-party claim does not prevent you from receiving workers' compensation benefits; it is a separate path to recovering the full compensation you deserve.
Common Workplace Accidents in Houston and Across Texas
Texas is a hub of industry, from the bustling construction sites in downtown Houston to the sprawling oilfields of the Permian Basin. While these industries drive our economy, they also present significant risks to workers. In a single recent year, the U.S. Bureau of Labor Statistics reported 175,900 nonfatal workplace injuries and illnesses in Texas' private industry sector.
Our team has the knowledge to handle claims arising from all types of work environments, including:
- Oilfield, Refinery, and Offshore Accidents
- Construction Site Accidents
- Industrial and Warehouse Accidents
- Work-Related Vehicle Accidents
No matter how you were injured, if it happened on the job due to someone else's negligence, you have the right to explore your legal options.
The Full Compensation You Deserve: Beyond Workers' Comp
One of the most significant differences between a personal injury lawsuit and a workers' compensation claim is the type of compensation you can recover. Damages is the legal term for the money awarded to an injured person to compensate them for their losses. While workers' comp is generally limited to a portion of lost wages and medical bills, a personal injury lawsuit allows you to pursue full and fair compensation for all of your losses.
A successful workplace injury lawsuit can help you recover:
- Economic Damages: This includes all the measurable financial losses you’ve suffered. Think of these as the bills and financial hits you can track on paper, such as all past and future medical treatment, lost income from being unable to work, and compensation for any diminished ability to earn a living in the future.
- Non-Economic Damages: This compensates you for the profound, personal, and non-financial ways the injury has impacted your life. This can include physical pain and suffering, mental and emotional anguish, scarring or disfigurement, and loss of enjoyment of life.
In the tragic event that a family loses a loved one in a fatal work accident, a wrongful death claim can be filed to seek justice and compensation for their devastating loss. These damages cover not only the financial losses but also the loss of companionship, guidance, and support.
What to Do After a Workplace Injury
The actions you take in the days and weeks after a workplace accident are crucial for both your health and your potential legal claim. After you have received emergency medical attention and are safely back home, your focus should shift to recovery and protecting your rights.
Here are some important steps to consider:
- Follow All Medical Advice: Your health is the top priority. Attend all doctor’s appointments, go to physical therapy, and take your medications exactly as prescribed. Following your treatment plan is not only essential for your recovery but also creates a clear record of your injuries.
- Keep Detailed Records: Start a file and keep everything related to your accident and injury. This includes medical bills, pharmacy receipts, letters from your employer or insurance companies, and a journal documenting your daily pain levels and how the injury affects your life.
- Do Not Give a Recorded Statement: An insurance adjuster may call and ask you to provide a recorded statement about the accident. You are not obligated to do this. These statements can easily be twisted and used against you later. It’s best to politely decline until you have spoken with an attorney.
- Be Careful on Social Media: Insurance companies often search social media accounts for anything they can use to downplay your injuries. Avoid posting photos, videos, or comments about your accident, your recovery, or your daily activities.
- Understand Your Options: Don't assume workers' compensation is your only path forward. Many injured workers in Texas have the right to file a lawsuit, and a consultation with a lawyer can clarify your specific situation without any cost or obligation.
Taking these steps can help you build a strong foundation for a future claim and protect you from common tactics used by insurance companies to deny or reduce your compensation.
How the Suits & Boots Max Money Method Works for You
We believe that getting you the maximum compensation isn’t just a goal; it’s a process. Our Max Money Method is a comprehensive approach designed to do just that. It starts with our free, no-obligation 30-Day Investigation. This isn’t a quick chat; it’s a deep dive where the "Boots" get to work. We gather accident reports, interview witnesses, consult with industry professionals, and analyze the full extent of your injuries and financial losses to show exactly how an accident lawyer help you build a strong, evidence-based case for full recovery.
This thorough investigation allows us to give you "take it to the bank" information about your case. Once we have built a powerful case backed by solid evidence, the "Suits" take over. We bring years of negotiation and trial experience to the table. We present your case from a position of strength, making it clear to the insurance companies that we are prepared to go to court to get the money you deserve.
The Max Money Method ensures that no stone is left unturned and that every avenue for compensation is explored. It’s our commitment to you and our way of transforming a difficult situation into a future with financial stability and peace of mind.
FAQs: Texas Workplace Injury Lawyer
We have gathered some common questions our clients ask about their rights after being hurt on the job.
How long do I have to file a workplace injury lawsuit in Texas?
In Texas, the statute of limitations—the deadline for filing a lawsuit—for most personal injury cases is two years from the date of the injury. It is critical to act quickly, as waiting too long can prevent you from ever being able to recover compensation.
What if I was partially at fault for my work accident?
Texas follows a "modified comparative fault" rule. This means you can still recover damages as long as you are not found to be 51% or more at fault for the accident. Your recovered amount would be reduced by your percentage of fault. For example, if you were found 20% at fault, your final award would be reduced by 20%.
My employer is a non-subscriber. What does that mean for me?
This means your employer has opted out of the state's workers' compensation system. The good news is that this gives you the right to file a personal injury lawsuit against them if their negligence caused your injury. In such a lawsuit, you can seek a wider range of damages, including pain and suffering, which are not available through workers' comp.
Can I be fired for filing a personal injury claim against my employer?
No. It is illegal for an employer in Texas to retaliate against an employee for filing a legal claim against them in good faith. If you are fired, demoted, or harassed after reporting an injury or filing a claim, you may have an additional legal case for wrongful termination.
Contact Our Trusted Texas Workplace Accident Lawyers Today
You deserve a legal team that will champion your cause and fight for the full and just compensation you need to rebuild your life. You don’t have to face the insurance companies and your employer’s lawyers alone. Let our family help yours.
If you’ve been injured on the job in Houston or anywhere in Texas, don’t wait to get the answers you need. Claim your free Investigation with Suits & Boots Accident Injury Lawyers today. Call us at (713) 489-0922 or fill out our online form to connect with a team that is ready to get you saddled up for the ride to recovery.