Austin Workplace Injury Lawyer Ready to Get You Paid
Hurt on the job? Workers' comp may not be your only option—and it's often not the best one. Texas has unique laws that could let you recover far more than workers' comp alone. Find out what you're really entitled to.
Free consultation • Available 24/7 • No fee unless you win
Texas Workplace Injury Law Is Different
Texas is the only state in the country where employers can opt out of workers' compensation insurance. This creates both challenges and opportunities for injured workers.
Workers' Comp vs. Non-Subscriber Claims
There are two very different scenarios in Texas workplace injuries:
If your employer has workers' comp: You're generally limited to workers' comp benefits and can't sue your employer directly. However, you may be able to pursue third-party claims against other responsible parties.
If your employer is a non-subscriber: You can sue your employer directly for negligence. These cases often result in significantly higher compensation than workers' comp, including pain and suffering damages that workers' comp doesn't cover.
What Are Non-Subscriber Employers?
About one-third of Texas employers don't carry workers' compensation insurance. They're called "non-subscribers." If you work for a non-subscriber and get hurt:
You can file a personal injury lawsuit against your employer
Your employer loses several important legal defenses
You can recover pain and suffering, not just medical bills and lost wages
There are no arbitrary caps on your benefits
Settlements are often much larger than workers' comp payments
Third-Party Liability Claims
Even if your employer has workers' comp, you may be able to sue third parties whose negligence contributed to your injury. Common third-party defendants include:
Equipment manufacturers — If defective machinery or tools caused your injury
Property owners — If you were injured on someone else's property
Contractors and subcontractors — Common in construction accidents
Vehicle drivers — If you were hit by a vehicle while working
Product manufacturers — Defective safety equipment, chemicals, etc.
Third-party claims can be pursued in addition to workers' comp benefits, potentially doubling or tripling your recovery.
Types of Workplace Injuries We Handle
Our network handles all types of on-the-job accidents.
Construction Accidents
Falls, scaffolding collapses, crane accidents, and struck-by incidents on Austin's many construction sites.
Falls from Heights
Ladder falls, roof falls, and falls from scaffolding—among the most common causes of workplace fatalities.
Machinery Accidents
Crush injuries, amputations, and lacerations from industrial equipment, forklifts, and power tools.
Electrocution
Contact with power lines, faulty wiring, and defective electrical equipment on job sites.
Vehicle Accidents
Delivery drivers, truck drivers, and anyone injured in a vehicle accident while working.
Toxic Exposure
Chemical burns, respiratory illness, and long-term health effects from workplace chemical exposure.
Burns & Explosions
Industrial fires, chemical explosions, and oil field accidents causing severe burn injuries.
Repetitive Stress
Carpal tunnel, back injuries, and other conditions from repetitive motions over time.
Oil Field Injuries
Drilling accidents, explosions, equipment failures, and transportation accidents in the oil and gas industry.
Workers' Comp vs. Personal Injury Claims
Understanding the difference is critical to maximizing your recovery:
Workers' Compensation
Covers medical expenses and a portion of lost wages
No-fault system—you don't have to prove employer negligence
Benefits are capped and follow a strict formula
No compensation for pain and suffering
No compensation for loss of enjoyment of life
Can't sue your employer (with limited exceptions)
Personal Injury Claims (Non-Subscriber or Third-Party)
Full compensation for all medical expenses
100% of lost wages, past and future
Pain and suffering damages
Mental anguish and emotional distress
Loss of earning capacity
Disfigurement and physical impairment
No arbitrary caps on most damages
How to Know If You Have Options Beyond Workers' Comp
You may have a personal injury claim if:
Your employer doesn't have workers' comp (non-subscriber)
A third party (not your employer) caused or contributed to your injury
Defective equipment or products were involved
You were injured on property owned by someone other than your employer
A contractor or subcontractor's negligence caused your injury
The only way to know for sure is to have an experienced workplace injury attorney evaluate your case.
Common Workplace Injuries
Workplace accidents can cause serious injuries that affect your ability to work and live normally. Learn about the injuries we handle:
Can I sue my employer for a workplace injury in Texas?
It depends. If your employer has workers' compensation insurance, you generally cannot sue them directly. However, if they're a non-subscriber (no workers' comp), you can file a personal injury lawsuit. You may also sue third parties whose negligence caused your injury, even if your employer has workers' comp.
What is a non-subscriber in Texas?
Texas is the only state that doesn't require employers to carry workers' compensation insurance. Companies that opt out are called "non-subscribers." If you're injured while working for a non-subscriber, you can sue them directly for negligence—and potentially recover much more than workers' comp would pay, including pain and suffering.
What is a third-party workplace injury claim?
A third-party claim is a lawsuit against someone other than your employer who caused your workplace injury. Examples include equipment manufacturers (defective machinery), property owners (unsafe premises), contractors or subcontractors, and drivers who cause accidents. These claims can be pursued in addition to workers' comp benefits.
How do I know if my employer has workers' comp?
Texas employers must notify employees whether they have workers' comp coverage. Look for posted notices at your workplace, check your employee handbook, or ask HR. An attorney can also help determine your employer's coverage status and advise you on your options.
Can I get fired for filing a workplace injury claim?
Texas law prohibits employers from retaliating against employees who file workers' comp claims or report workplace injuries. If you're fired or demoted for exercising your legal rights, you may have an additional claim for retaliation.
How long do I have to file a workplace injury claim?
For workers' comp, you must report your injury to your employer within 30 days and file a claim within one year. For personal injury lawsuits against non-subscribers or third parties, you have 2 years from the date of injury. However, evidence disappears quickly—contact an attorney as soon as possible.
Don't Settle for Workers' Comp Alone
You may be entitled to far more than workers' compensation benefits. Find out if you have a personal injury claim that could maximize your recovery.
