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Houston Work Injury Lawyer
Important Notice About Texas Work Injury Claims
Under Texas law, if your employer carries workers’ compensation insurance, you generally cannot sue your employer for a work-related injury, even if you choose not to file a workers’ compensation claim. This is known as the exclusive remedy rule under Texas Labor Code § 408.001(a). https://statutes.capitol.texas.gov/Docs/LA/htm/LA.408.htm
However, if your employer does not carry workers’ compensation insurance (known as a non-subscriber), or if you were injured by a third party such as a contractor, subcontractor, property owner, equipment manufacturer, or driver you may have the right to pursue a personal injury claim. In these situations, our firm may be able to help you recover the compensation you deserve.
If you have been hurt while on the job in the Houston area, you’re probably wondering what steps to take next and what legal options may be available to you. At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, our dedicated firm focuses on workplace injury cases that involve liability or employers who do not carry workers’ compensation insurance (non-subscribers). This means that we do not handle claims within the workers’ compensation system, and once an injured worker accepts workers’ comp benefits, lawsuits against the employer are typically barred.
Unfortunately, there is a cap on the compensation a worker can receive through the Texas workers’ compensation system. However, there is a loophole when a third party, such as a subcontractor or equipment manufacturer, is involved. Third-party personal injury lawsuits may allow for a full recovery of compensation, including future medical costs, lost income, and pain and suffering.
If you have been hurt due to the recklessness or negligence of a property owner, equipment manufacturer, contractor, or other third party, you could be entitled to much more compensation than what you could receive under workers’ comp.
Workers’ Compensation vs. Third-Party Injury Lawsuits
When it comes to workplace injury cases, it’s crucial to understand the difference between workers’ compensation and third-party injury lawsuits. Filing for workers’ compensation does not require proving the employer’s fault, and a worker can be entitled to workers’ compensation benefits even if they were at fault for the accident, albeit with some exceptions.
The catch, however, is that once a worker accepts benefits through the workers’ compensation system, they generally lose the right to file a lawsuit against the employer. The system protects employers from being sued and comes with limited benefits, such as pain and suffering, lost wages, and future medical expenses.
Third-party injury lawsuits, on the other hand, require proving negligence, such as faulty machinery, a dangerous premises, or unsafe equipment. Individuals can recover damages for pain and suffering, lost wages, and future medical expenses through a third-party injury lawsuit. If a third party was responsible for your accident that caused injuries, the compensation recovered in the subsequent lawsuit is potentially much higher than that of workers’ compensation.
If a negligent driver, property owner, equipment manufacturer, contractor, or another third party was involved in your workplace injury, a Houston work injury lawyer can help you understand whether you have a third-party claim. Together, we can fight to get you the compensation you’re entitled to.
High-Risk Industries for Workplace Injuries in Houston
There are many high-risk industries in Houston, placing workers at serious risk every day when they go to their jobs. Our empathetic legal team is here to represent you if you’ve been harmed while at work in the following industries:
Construction
Construction workers commonly experience extreme hazards, including electrocutions, accidents involving heavy machinery, falling from scaffolding, and objects coming down from above. Third-party claims may be relevant when construction equipment manufacturers, site contractors, or property owners or managers fail to ensure that the workplace is safe. If you were harmed at work on a construction site, a Houston work injury lawyer can help.
Warehouse and Manufacturing
Injuries in the warehouse and manufacturing industries are unfortunately not uncommon. As today’s society increasingly runs on distribution centers due to the rise of online retail, workers are increasingly suffering from repetitive strain injuries, conveyor belt injuries, and forklift accidents. Manufacturing plants also pose a risk, with chemical exposure and heavy machinery accidents playing a role.
If you were hurt at work in a warehouse or manufacturing plant due to the negligence of a third party or malfunctioning machinery, you may have a claim.
Oil and Gas Industry
One of the most dangerous industries in Houston is its oil and gas sector. Frequent injuries happen because of chemical exposure, malfunctioning drilling equipment, explosions, and fires. Many workers in the oil and gas sector can sue subcontractors or equipment designers who are responsible for nefarious workplace conditions.
Restaurant and Hospitality
Hotel staff, servers, and cooks can suffer from slip and fall accidents, repetitive motion injuries, burns, and injuries due to heavy lifting. If a maintenance company or vendor from outside was responsible for the hazardous conditions in the workplace, a third-party claim could be a viable option.
Landscaping and Outdoor Work
Outdoor workers and landscapers commonly experience injuries like heavy machinery lacerations, heat stroke, and burns from chemical exposure. Injured workers may have grounds for a claim if their injuries were caused by unsafe working conditions made by a third party.
Challenges Latino Workers Face in Workplace Injury Cases
In Houston, Latino workers make up a large portion of the workforce, especially in the sectors of manufacturing, construction, and service. Many Latino workers may be hesitant to report their workplace injury or take legal action because of:
- Fear of retaliation. Many harmed workers are scared that they will lose their job or be blacklisted for pursuing workers’ compensation or a third-party claim.
- Lack of understanding. Employers may fail to disclose full information about an employee’s ability to file a third-party claim.
- Language barriers. Insurance companies and employers may make it difficult for Spanish-speaking workers who don’t speak English to understand their workers’ rights and the process for recovering compensation.
- Concerns about immigration status. It is important to note that your immigration status cannot keep you from filing a third-party claim. Under Texas law, all workers are protected, regardless of their legal status.
The dedicated legal team at Abraham Watkins is committed to standing up for Latino workers who have been injured. We make sure that all injured workers, regardless of their immigration status or background, receive fair treatment under the law and get access to the compensation they’re entitled to. We offer legal guidance in Spanish and are keen to help you exercise your rights without fearing immigration consequences. If you have questions about your rights after a workplace injury, visit our FAQ page for clear answers to the most common concerns we hear from injured workers and their families.
Compensation You May Be Entitled to
As opposed to workers’ compensation, which is limited in what can be awarded, you may be able to recover full damages through a third-party injury claim, such as:
- Medical expenses. This includes any costs associated with diagnosing, treating, and managing an injury or condition related to your workplace accident. Costs such as prescription medication, medical devices, clinic visits, hospital bills, surgery fees, assistive devices, and long-term physical therapy can be recovered.
- Lost wages. If you have been out of work due to your workplace injury, you may be able to recover the money that you would have made had you been working. Furthermore, if your injuries resulted in a permanent disability that keeps you from earning as much as you were before, you may get compensated for this.
- Pain and suffering. Unlike workers’ comp, a third-party claim can help workers recover damages lost from emotional pain and physical suffering.
- Disability and disfigurement. If you are permanently disabled as a result of your workplace injuries and need additional provisions like at-home care or home modifications, a third-party injury claim may be able to cover this. Furthermore, you can receive non-economic damages for disfigurement, such as from scars or burns.
- Punitive damages. In cases of extreme negligence, punitive damages may be awarded.
A dedicated Houston work injury lawyer from our firm can help you understand if you’re entitled to compensationcompensation outside of the workers’ compensation system — such as in a third-party lawsuit or a case against a non-subscriber employer.
What to Do If You Are Injured at Work
If you’ve been hurt on the job in Houston, it’s important to put your health and safety first and foremost. As soon as possible, you should seek medical attention to not only ensure that your injuries are treated but also to get the medical documentation required to file a claim. Report the incident in writing to your employer, but be sure not to sign anything without speaking to your attorney first.
When you can do so, you should gather key evidence, including photos of the scene of the accident, any defective equipment, unsafe working conditions, and your injuries. If coworkers or bystanders were there, be sure to get their contact information and ask if they would be willing to make a statement about what happened.
While you’re likely considering a workers’ compensation claim after being harmed on the job, it’s important to know that accepting workers’ comp benefits usually prevents you from suing your employer. However, you may still be entitled to more compensation through a third-party claim or if your employer does not carry workers’ compensation insurance. Contact a dedicated Houston work injury lawyer as soon as possible to get a full assessment of your case and understand the potential compensation you may be entitled to.
We Can Help You After a Workplace Injury – Contact Us Today
The empathetic legal team at Abraham Watkins understands all the stress that comes with a workplace injury, from piling up medical bills to lost wages that put financial strain on your family.
We are here to take on your legal and bureaucratic burdens, helping you push for the compensation you are entitled to. From collecting key evidence to handling insurance companies on your behalf, we can help you recover maximum compensation for all you have lost. Contact us today to start discussing your legal options.
Our attorneys serve clients in Austin, Brownsville, San Antonio, and surrounding areas.
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