Auto Accidents
Representation for drivers and passengers injured in serious motor vehicle crashes caused by negligence.
Learn MoreTexas workplace injury lawyers
Construction falls, industrial explosions, defective machinery, and non-subscriber employer negligence — we represent workers across Texas.
Texas is different
Texas occupies an unusual position in American workers' compensation law: most states require employers to carry workers' comp coverage, but Texas does not. Many Texas employers — including a substantial percentage of construction and industrial firms — opt out of the state system entirely, becoming "non-subscribers." That single fact reshapes what an injured worker can recover.
Our firm represents workers seriously injured on Texas job sites — particularly in construction, industrial, and energy work. We pursue claims against non-subscriber employers, third-party contractors, and equipment manufacturers, and where appropriate, we coordinate with workers' comp counsel for cases involving subscriber employers.
Cases we handle
Workplace cases we accept include:
- Construction falls from scaffolding, roofs, and ladders
- Crane, forklift, and heavy-equipment incidents
- Trench collapses and excavation injuries
- Industrial and refinery explosions and chemical exposures
- Defective tool and machinery injuries (third-party product claims)
- Catastrophic injuries on premises owned or controlled by general contractors
Texas non-subscriber rule
When an employer opts out of Texas workers' comp, the worker's remedy is no longer limited to comp benefits. The worker may sue the employer directly for negligence — and critically, the employer loses the traditional common-law defenses of contributory negligence, assumption of the risk, and the fellow-servant rule. That makes non-subscriber cases unusually plaintiff-friendly compared to ordinary employer-defendant litigation.
Compensation we pursue
In a non-subscriber lawsuit, an injured worker may recover the full range of personal-injury damages: past and future medical expenses, lost wages and lost earning capacity, physical pain and mental anguish, physical impairment, and disfigurement. Third-party claims against contractors, premises owners, or equipment manufacturers are available even when workers' comp benefits are also being received.
Why investigate quickly
Job sites change daily. Equipment is repaired, scenes are cleaned, and witnesses move on to other projects. OSHA investigations create a record, but they do not preserve all of the evidence a civil case needs. We retain construction-safety and engineering experts and move fast to document conditions before they change.
~30%
Estimated share of Texas employers that are workers' comp non-subscribers
0
Common-law defenses available to non-subscriber employers
2 yrs
General Texas statute of limitations for personal-injury claims
Frequently Asked
Common questions about workplace accidents cases
If your question isn't answered here, contact our team — every case is different, and a quick conversation costs nothing.
Can I sue my employer for a workplace injury in Texas?
Often, yes. Texas does not require private employers to carry workers' compensation insurance. Employers who decline to subscribe are called "non-subscribers." Workers injured by a non-subscriber's negligence can sue the employer directly for full personal-injury damages — and the employer is barred from raising contributory negligence, assumption of risk, or the fellow-servant rule. Subscriber employers are largely shielded from suit, but third-party claims may still be available.
What is a third-party workplace-injury claim?
A third-party claim is a personal-injury lawsuit against someone other than your employer — typically a general contractor, premises owner, equipment manufacturer, or subcontractor whose negligence caused or contributed to the injury. Third-party claims can be pursued at the same time as a workers' comp claim, and the recovery is not limited by the workers' comp scheme.
Does workers' comp prevent me from filing a personal-injury lawsuit?
Workers' comp is generally an exclusive remedy against a subscriber employer, meaning you cannot sue that employer in tort except in narrow circumstances (intentional injury, gross negligence resulting in death). It does not bar third-party claims against other negligent parties. If your employer is a non-subscriber, the exclusive-remedy bar does not apply at all.
What damages can I recover from a non-subscriber employer in Texas?
Full personal-injury damages: past and future medical bills, lost wages, lost earning capacity, physical pain and mental anguish, physical impairment, disfigurement, and — where conduct is grossly negligent and results in death — exemplary damages. Because non-subscribers cannot raise traditional defenses, comparative-fault arguments are sharply limited compared to ordinary tort cases.
How long do I have to file a workplace-injury lawsuit?
The Texas personal-injury statute of limitations is generally two years from the date of injury. Workers' comp claims have separate (and earlier) administrative deadlines — typically 30 days to report the injury to the employer and one year to file a claim with the Division of Workers' Compensation. Different deadlines apply to claims against governmental entities. Don't wait.
What if a defective tool or machine caused my injury?
A defective product can support a product-liability claim against the manufacturer, distributor, or seller — separate from any employer liability. These claims include design defect, manufacturing defect, and failure-to-warn theories. Preserving the equipment in its post-incident condition is critical; once it's repaired or scrapped, much of the proof goes with it.
Is my employer required to report my injury to OSHA?
Federal OSHA rules require employers to report any work-related fatality within 8 hours, and any in-patient hospitalization, amputation, or loss of an eye within 24 hours. Many employers are also required to record injuries on OSHA Forms 300/301. OSHA citations and inspection reports can be useful evidence in a civil case but are not a substitute for an independent investigation.
Related practice areas
Many serious injury cases overlap multiple practice areas. Here are a few related matters our firm handles regularly.
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