Call

Am I Able to Sue My Employer in Amarillo, Texas if They Didn’t Give Me the Right Training or Safety Gear Which Resulted in My Injury?

An injured man at work.

If you’ve been injured on the job in Amarillo, Texas due to inadequate training or lack of proper safety gear, you might be wondering if you can sue your employer. The answer is yes, you can. At Abraham Watkins, we have successfully represented countless clients in similar situations, securing justice and compensation for their injuries. Don’t let your employer’s negligence go unchallenged. Call us today at 713-222-7211 to discuss your case and learn how we can help you get the compensation you deserve.

Understanding Your Rights as an Injured Worker in Amarillo

As a worker in Amarillo, a safe work environment is your fundamental right. Texas law mandates employers to:

  • conduct thorough hazard assessments;
  • mitigate potential risks;
  • provide adequate training on workplace dangers;
  • provide training on safety practices; and
  • provide training on the correct use of equipment and machinery.

However, when these obligations are overlooked or inadequately fulfilled, the consequences can lead to workplace accidents and injuries. Employer negligence, a failure to uphold the duty to provide a safe workplace, can lead to serious incidents. When a work injury occurs as a result of this negligence, the injured worker can seek legal compensation.

Employer Responsibility and Negligence

Texas employers have a legal obligation to provide a safe work environment. This includes conducting hazard assessments, offering safety training, and supplying necessary protective equipment. When employers neglect these responsibilities, their actions may constitute negligence—particularly if that negligence leads directly to an employee’s injury.

To bring a negligence claim, you must show:

  1. Duty – The employer owed you a duty of care.

  2. Breach – That duty was not fulfilled.

  3. Causation – The failure caused your injury.

  4. Damages – You suffered measurable harm like medical bills or lost wages.

For example, if you were required to operate machinery without training or safety gear, and you were injured as a result, you may be entitled to pursue a claim against your employer for breaching their duty of care.

Do I Need a Personal Injury Lawyer For Workers’ Compensation?

In most states, employers are required to provide workers’ compensation insurance, offering a safety net for employees who suffer workplace injuries. However, in Texas, employers can choose to opt out of the Workers’ Compensation program.

While this may initially seem concerning, it actually opens up another avenue for injured employees to claim damages. Non-subscriber work injury law applies when employees are injured on the job, and the employer has not subscribed to the Texas Workers’ Compensation program. In these instances, employees can sue their employer for various damages, including lost wages, pain and suffering, and medical expenses.

Workers’ Compensation

Pros:

  1. No-Fault System: You don’t need to prove your employer was at fault to receive benefits.
  2. Quicker Resolution: Claims are typically processed faster than personal injury lawsuits.
  3. Guaranteed Benefits: Medical expenses and a portion of lost wages are covered.
  4. Less Stress: Generally involves less legal hassle and fewer court appearances.
  5. Job Protection: Employers are less likely to retaliate, as workers’ compensation is a standard process.

Cons:

  1. Limited Compensation: Does not cover pain and suffering or full lost wages.
  2. No Punitive Damages: You cannot seek punitive damages for employer negligence.
  3. Restrictions on Choice of Doctor: You may be required to see a doctor chosen by your employer or insurance company.
  4. Potential for Lower Settlements: Benefits are often capped and may not fully cover all expenses.

Personal Injury Lawsuits

Pros:

  1. Full Compensation: Potential to recover all damages, including medical expenses, lost wages, pain and suffering, and punitive damages.
  2. Greater Leverage: The threat of a lawsuit can motivate employers to settle more favorably.
  3. Choice of Doctor: More freedom to choose your own healthcare providers.
  4. Punitive Damages: Possibility to receive additional compensation if employer negligence is proven.

Cons:

  1. Proving Fault: You must prove that the employer’s negligence directly caused your injury.
  2. Longer Process: Lawsuits can take months or even years to resolve.
  3. Stress and Uncertainty: The legal process can be stressful and outcomes are not guaranteed.
  4. Legal Costs: Higher potential legal fees, although many attorneys work on a contingency basis.

Choosing between workers’ compensation and a personal injury lawsuit depends on your specific circumstances, the nature of your injury, and your financial needs. Consulting with an experienced attorney can help you make the best decision for your situation. At Abraham Watkins, our knowledgeable team can guide you through the process, ensuring that you understand your options and what is right for you.

¿What Evidence Can Support My Case?

A successful claim depends on clear evidence. This includes:

  • Training records or the absence thereof.

  • Photographs of unsafe working conditions.

  • Procurement records showing lack of PPE.

  • Witness statements from coworkers.

Keeping detailed notes, collecting documentation, and acting quickly to report your injury are crucial.

What Should I do If I Was Injured At Work?

  1. Notify your employer immediately.

  2. Seek medical attention. Ensure your injuries are diagnosed and documented.

  3. File an official injury report.

  4. Gather evidence. This includes photos, witness contacts, and records of any training or safety violations.

  5. Consult a qualified attorney to review your options and determine if you have a valid negligence claim.

Under Texas law, you typically have 30 days to notify your employer of the injury and two years to file a lawsuit. Missing these deadlines can jeopardize your claim.

What Can I Expect If I File a Lawsuit

If your case goes to trial, you’ll go through phases such as:

  • Discovery (gathering evidence),

  • Depositions (witness interviews),

  • Trial, including testimony and arguments.

Texas also applies the Collateral Source Rule, meaning any compensation you’ve already received (e.g., insurance payouts) typically won’t reduce the damages awarded at trial.

During the trial, you may seek compensation for:

  • Medical expenses (past and future),

  • Lost income,

  • Pain and suffering,

  • Emotional distress,

  • Long-term disabilities or impairments.

Contact Our Work Injury Lawyers At Abraham Watkins For Help Today!

With over 75 years of experience, Abraham Watkins has helped countless Texans recover damages from negligent employers. We operate on a “no recovery, no fee” basis, so you owe nothing unless we win.

Our experienced legal team:

  • Thoroughly investigates your case,

  • Accesses OSHA and state safety records,

  • Gathers compelling evidence,

  • Prepares you for every step of litigation.

We’ve secured numerous multi-million-dollar verdicts for clients injured due to unsafe workplace. Call us today at 713-222-7211 to discuss your case.

Contact Us
Untitled
Testimonials
Houston personal injury attorney

Request A
Free Consultation

Fields Marked With An “*” Are Required

This field is for validation purposes and should be left unchanged.
Untitled