If you were injured at work in Texas, your first instinct may be to file a workers’ compensation claim. But Texas is the only state that does not require most private employers to carry workers’ comp insurance. And even when it is available, it often falls far short of fully compensating injured workers. Our Houston workplace accident lawyers know how to pursue every available avenue of recovery.
What Workers’ Comp Does Not Cover
Texas workers’ comp provides medical benefits and a portion of lost wages — but it does not compensate you for pain and suffering, full lost wages, loss of future earning capacity beyond certain limits, or punitive damages.
Texas Non-Subscriber Employers
Many Texas employers opt out of workers’ comp — these are called “non-subscribers.” If your employer is a non-subscriber and you are injured on the job, you can file a personal injury lawsuit directly against your employer in civil court. Critically, non-subscriber employers cannot use contributory negligence as a defense, making it significantly easier to win your case and recover full damages, including pain and suffering.
Third-Party Personal Injury Claims
Even when workers’ comp is available, you may have a claim against a third party — someone other than your employer — whose negligence contributed to your injury. This includes subcontractors on the same job site, manufacturers of defective equipment, property owners, and drivers who hit you while you were working. Third-party claims allow you to pursue full compensatory damages on top of any workers’ comp benefits.
Common Workplace Injuries We Handle
- Falls from scaffolding, ladders, or elevated surfaces
- Forklift and heavy equipment accidents
- Construction site injuries
- Chemical exposure and toxic substance injuries
- Defective tool or machinery injuries
- Workplace vehicle accidents
Talk to a Houston Workplace Injury Attorney
For answers to common questions about workplace injury claims in Texas, visit our frequently asked questions page. Then call Maida Law Firm at 713-785-9484 for a free consultation. We map out all your options and pursue every dollar you are owed.