Best Work Injury Lawyers in Texas

About Work Injury Law in Texas, United States

Work injury law in Texas covers the rights and responsibilities of employees and employers when an employee gets injured on the job. Unlike many other states, Texas does not require most private employers to have workers’ compensation insurance, which means handling workplace injuries can be different here compared to elsewhere in the United States. The purpose of work injury law is to ensure that injured employees receive fair medical treatment, compensation for lost wages, and coverage for certain ongoing medical needs. It also protects employers from lawsuits in most cases if they carry workers’ compensation insurance. For workers, understanding your rights and options after a workplace injury is essential.

Why You May Need a Lawyer

If you suffer a work-related injury in Texas, navigating the legal landscape can be challenging. You may need a lawyer if:

• Your employer does not have workers’ compensation insurance, requiring you to pursue a personal injury claim.
• Your workers’ compensation claim is denied or disputed by the insurance carrier or your employer.
• You are offered an inadequate settlement that does not cover your medical expenses or lost wages.
• You experience workplace retaliation after reporting your injury or filing a claim.
• There are issues determining if your injury is work-related.
• Your injury leads to long-term disability or permanent impairment.
• You are unsure about your rights or how to proceed with your claim.

A lawyer experienced in work injury cases can help protect your rights, ensure correct claim filing, negotiate settlements, represent you during hearings, and pursue all compensation available to you.

Local Laws Overview

Texas has unique rules regarding work injury that can impact your rights and compensation:

• Most private employers are not required to carry workers’ compensation insurance, although many do.
• If your employer has workers’ compensation, you generally cannot sue them for your injury, but you may still have a claim through the Texas workers’ compensation system.
• If your employer does not have workers’ compensation, you may be able to file a personal injury lawsuit (known as a non-subscriber claim) directly against your employer.
• Third-party claims are possible if someone other than your employer is at fault for your injury, such as the manufacturer of faulty equipment.
• Strict deadlines apply for reporting workplace injuries and filing claims-typically within 30 days of the injury for notification and one year to file a claim with the Texas Department of Insurance, Division of Workers’ Compensation (DWC).
• Retaliation by an employer for reporting workplace injuries is illegal under Texas law.

Frequently Asked Questions

What should I do immediately after a work injury in Texas?

Report your injury to your employer as soon as possible. Seek medical attention for your injuries and document everything related to the incident and your treatment.

Does my employer have to have workers’ compensation insurance?

No, Texas does not require most private employers to carry workers’ compensation insurance, so coverage may vary depending on where you work.

What if my employer does not have workers’ compensation insurance?

You may be able to file a personal injury lawsuit against your employer (known as a non-subscriber claim) to recover damages for your injury.

What benefits does workers’ compensation provide?

Workers’ compensation can cover medical expenses, a portion of lost wages, and benefits for permanent impairment or death. It does not compensate for pain and suffering.

How long do I have to report a work injury in Texas?

You should notify your employer within 30 days of the injury. Failing to report within this time frame may result in losing your right to benefits.

Can I choose my own doctor for treatment?

If you are covered by workers’ compensation, you must generally choose a doctor from the insurer’s approved network. In some cases, you can request a change if needed.

What happens if my workers’ compensation claim is denied?

You can challenge the denial through the Texas Department of Insurance, Division of Workers’ Compensation dispute resolution process, which may involve mediation or a contested case hearing.

Can my employer retaliate against me for filing a claim?

No, it is illegal for employers to retaliate or fire you for reporting a work injury or filing a workers’ compensation claim in Texas.

Can I file a lawsuit if I accept workers’ compensation?

Generally, if you accept workers’ compensation benefits, you cannot sue your employer. However, you may still have the right to sue third parties responsible for your injury.

How long do I have to file a claim for a work injury?

You must file a claim with the Texas Department of Insurance, Division of Workers’ Compensation within one year of the injury to preserve your rights.

Additional Resources

If you are dealing with a work injury in Texas, these organizations may offer assistance, information, or support:

• Texas Department of Insurance, Division of Workers’ Compensation (DWC)
• Occupational Safety and Health Administration (OSHA) Regional Office
• Office of Injured Employee Counsel (OIEC)
• Texas State Bar Lawyer Referral Service
• Local Legal Aid Organizations

Next Steps

If you have suffered a workplace injury in Texas and need legal assistance:

• Gather all documentation related to your injury, including medical records, accident reports, and correspondence with your employer or insurance carrier.
• Contact your employer promptly to report your injury, if you have not already done so.
• Consult with an attorney experienced in work injury law to discuss your case and understand your options, especially if your claim is denied, your employer does not have workers’ compensation, or you face retaliation.
• Reach out to the Texas Department of Insurance, Division of Workers’ Compensation or the Office of Injured Employee Counsel for guidance on filing a claim or resolving disputes.
• Be mindful of all filing deadlines to protect your right to compensation.

Taking these steps will help you secure the benefits and support you need after a work injury. Seeking professional legal advice can make a substantial difference in your recovery and future.