I Was Injured at Work. What Are My Legal Rights?
In Texas, workplace injuries remain a significant concern. The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) reported 178,800 nonfatal workplace injuries in 2022, reflecting an incidence rate of 1.9 cases per 100 full-time workers. By 2023, the total slightly decreased to 175,900 cases, with a rate of 1.8 cases per 100 full-time workers.
Knowing what to do if you become a part of these statistics can give you peace of mind. Suffering an injury on the job can leave you with medical bills, lost wages, and uncertainty about your future. Many Texas workers ask the same question after a workplace accident: I had an accident at work; what are my rights? The answer depends on whether your employer carries workers’ compensation, whether negligence played a role, and whether other legal options exist.
If you suffered an injury at work, you may have the right to workers’ compensation benefits, a personal injury lawsuit, or a third-party claim. Let’s explore those options in more detail.
I Had an Accident At Work, What Are My Rights?
Unlike most states, Texas does not require private employers to provide workers’ compensation coverage. Employers who choose not to participate in the state system are non-subscribers, meaning you can sue them directly for workplace injuries.
For companies that do carry workers’ compensation, injured employees may receive benefits that cover medical expenses, lost wages, and disability compensation. Under workers’ compensation, there is no need to prove negligence, so it can be easier to obtain than going through a traditional lawsuit. However, workers’ compensation limits the damages employees can recover.
Conversely, injured workers may file a lawsuit to seek full damages based on employer negligence if a business does not carry workers’ compensation. If you can prove negligence, you can recover compensation for damages not covered by workers’ comp, like pain and suffering and other noneconomic losses.
Filing an Injury at Work Claim
After an accident, knowing what steps to take can protect your ability to recover compensation. Texas law requires that injured workers report their injury to their employer within 30 days. Seeking immediate medical treatment is critical for health reasons and documenting the injury. If the employer carries workers’ compensation, you must submit a formal claim using DWC Form-041 within one year of the accident.
Workers employed by a non-subscriber may need to file a lawsuit to recover damages. This process requires proving that the employer’s negligence caused or contributed to the injury. If a third party played a role in the accident, your lawyer can seek to hold them accountable as well. Examples of such third parties include a negligent contractor, defective equipment manufacturer, or property owner,
What Are Some Worker Rights Related to Injury?
What rights do workers have when it comes to getting injured on the job?
No Retaliation
If you request compensation for a workplace injury, you might be afraid that your employer will retaliate somehow. However, Texas law protects employees from retaliation for filing an injury claim or seeking legal action after a workplace accident. Under Texas Labor Code § 451.001, employers cannot fire, demote, or harass an employee for filing a workers’ compensation claim. If an employer retaliates, the employee may pursue legal action for wrongful termination or discrimination.
Additionally, Texas law requires employers to provide medical treatment for injured workers covered by workers’ compensation. Employees have the right to choose from an approved list of doctors and cannot be forced to return to work before they have fully recovered.
Increased Compensation for Non-Subscriber Employers
Many major Texas employers, including Amazon, Walmart, and H-E-B, have chosen not to participate in the state’s workers’ compensation system. In such cases, injured workers must prove their employer’s negligence to recover damages.
Unlike workers’ compensation claims, which provide limited benefits, non-subscriber lawsuits allow injured employees to recover full compensation, including medical expenses, lost wages, pain and suffering, and long-term disability. However, these lawsuits require strong evidence of unsafe working conditions, lack of training, or employer negligence. Large corporations aggressively fight such claims, making legal representation essential.
Third-Party Liability for Workplace Accidents
As mentioned earlier, a third party other than the employer may be responsible for a workplace injury. If faulty equipment, a negligent contractor, a reckless driver, or another third party contributed to the accident, the injured worker may file a third-party personal injury lawsuit.
Third-party claims allow injured workers to recover compensation beyond what is available through workers’ compensation, including full wage reimbursement and pain and suffering damages. Employers are often quick to deny responsibility, making it important to identify all possible sources of compensation.
What If My Work Injury Causes a Permanent Disability?
Some workplace accidents result in long-term disabilities that prevent employees from returning to work. Texas law allows certain injured workers to apply for permanent disability benefits if they can no longer perform their duties. Workers who qualify may receive:
- Long-term financial compensation for loss of earning capacity,
- Vocational rehabilitation services to transition into a new career, and
- Social Security Disability Insurance (SSDI) for those unable to work in any capacity.
Severe injuries require long-term planning. Legal guidance can help injured workers maximize their available benefits and compensation.
Have You Been Injured in a Workplace Accident?
If you were injured at work and are interested in learning more about your options, reach out to Daws Legal, PLLC, for immediate assistance. Judson Daws is a board-certified personal injury attorney, which is a distinction that just 1% of all Texas lawyers have obtained. This certification indicates that he is especially qualified and has demonstrated expertise in personal injury law.
Aside from his impeccable credentials, Attorney Daws is a compassionate advocate who understands what his clients have been through and will fight tirelessly to ensure they recover the compensation they need. If you are considering an injury at work claim, our firm can help you understand your rights. To schedule a free consultation today, call or connect with us by filling out our secure online contact form.
About the Author
Judson is a dedicated and experienced Personal Injury attorney with a passion for justice and a commitment to helping clients navigate complex legal challenges. With 30 years of experience in personal injury, he has successfully represented countless clients, securing favorable settlements and verdicts.
