Texas workers face significant risks on the job, from construction sites and warehouses to offices and delivery routes. When workplace injuries occur, navigating the path to compensation can be confusing—especially in Texas, which has a unique workers' compensation system that differs from every other state.
Unlike other states where workers' compensation is mandatory, Texas allows employers to opt out of the workers' comp system. This creates two very different scenarios for injured workers: if your employer has workers' comp (a "subscriber"), you're limited to workers' comp benefits but can file claims more easily. If your employer doesn't have workers' comp (a "non-subscriber"), you can sue them directly and potentially recover much more—including pain and suffering damages.
At The Juris Firm, we help injured workers understand their options and pursue maximum compensation. Whether you need help with a workers' compensation claim, a non-subscriber lawsuit, or a third-party liability case, our Austin workplace injury lawyers are ready to fight for your rights.
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Texas Workers' Compensation System
Texas is the only state where workers' compensation insurance is truly optional for private employers. Employers who purchase workers' comp are called "subscribers," while those who don't are "non-subscribers." You can usually find out your employer's status by asking HR, checking posted notices at work, or contacting the Texas Department of Insurance.
Workers' Comp Benefits (Subscribing Employers)
If your employer has workers' compensation, you can receive benefits without proving fault—but you generally can't sue your employer directly. Benefits include:
- Medical benefits: All reasonable and necessary medical treatment related to your injury
- Temporary income benefits: 70% of lost wages while recovering (capped at state maximum)
- Impairment income benefits: Compensation for permanent impairment
- Supplemental income benefits: Extended benefits for seriously injured workers
- Death benefits: Payments to eligible family members if a worker dies
Non-Subscriber Claims
If your employer doesn't carry workers' comp insurance, you have the right to sue them directly for negligence. This is often advantageous because non-subscribing employers lose important legal defenses (like contributory negligence and assumption of risk), you can recover full damages including pain and suffering (not available in workers' comp), there's no cap on economic damages, and you can potentially recover more than workers' comp would provide.
Third-Party Liability Claims
Regardless of your employer's workers' comp status, you may have claims against third parties who contributed to your injury. These include equipment manufacturers (defective tools or machinery), property owners (if different from employer), subcontractors on the job site, and negligent drivers who cause accidents during work. Third-party claims can be pursued alongside workers' compensation.
Common Workplace Injuries in Austin
Construction Accidents
Austin's booming construction industry creates significant risks for workers. The "Fatal Four" causes of construction deaths are falls from heights (roofs, scaffolding, ladders), struck-by incidents (falling objects, equipment), electrocutions (contact with power lines, exposed wiring), and caught-in/between hazards (machinery, trenches, collapses).
Warehouse and Manufacturing Injuries
Distribution centers and manufacturing facilities present numerous hazards including forklift accidents and being struck by moving equipment, repetitive stress injuries from physical labor, machinery accidents causing amputations and crush injuries, and lifting injuries to backs, shoulders, and knees.
Office Injuries
Even office workers face workplace injury risks: slip and falls on wet floors or obstacles, repetitive strain injuries like carpal tunnel syndrome, and ergonomic injuries from improper workstation setup.
Transportation Accidents
Workers who drive as part of their job face significant accident risks. Commercial vehicle accidents may be covered by workers' comp while also giving rise to third-party claims against at-fault drivers. Learn more about truck accident claims.
Exposure Injuries
Chemical exposure, toxic substances, and occupational diseases can cause serious illness. Mesothelioma from asbestos, respiratory disease from dust or fumes, and skin conditions from chemical contact may take years to manifest but still qualify for compensation.
Types of Workplace Injury Claims
Workers' Compensation Claims
For employees of subscribing employers, workers' comp provides a no-fault system—you don't need to prove your employer was negligent. File your claim with the Texas Department of Insurance, Division of Workers' Compensation (DWC). Benefits include medical care and income replacement, but no pain and suffering compensation.
Non-Subscriber Personal Injury Claims
Against non-subscribing employers, you file a regular personal injury lawsuit. You must prove negligence, but the employer can't use defenses that would typically reduce or bar recovery. Full damages are available, including pain and suffering, with no damage caps.
Third-Party Liability Claims
Claims against parties other than your employer can include equipment manufacturers for defective products, property owners for unsafe premises, subcontractors for negligence, and vehicle drivers for accidents. These claims allow full damages and can be pursued alongside workers' comp benefits.
Wrongful Death Claims
When workplace accidents prove fatal, surviving family members may have wrongful death claims. These can be pursued against non-subscribing employers or third parties responsible for the death. Learn more about wrongful death claims.
Compensation for Workplace Injuries
Workers' Comp Benefits
Through workers' compensation, injured workers can receive all reasonable and necessary medical care, 70% of average weekly wage for temporary disability (subject to state maximums), impairment income benefits based on permanent impairment rating, and supplemental income benefits for serious impairments affecting earning capacity.
Non-Subscriber/Third-Party Damages
In negligence claims against non-subscribers or third parties, you can recover full medical expenses (past and future), 100% of lost wages (not capped at 70%), pain and suffering, disfigurement and physical impairment, mental anguish, loss of earning capacity, and potentially punitive damages for egregious conduct.
Learn more about compensation in our guide to types of damages in Texas.
OSHA Violations and Your Claim
How OSHA Violations Help Your Case
If your employer violated Occupational Safety and Health Administration (OSHA) regulations, this evidence can significantly strengthen your claim. OSHA violations demonstrate that the employer failed to meet established safety standards, creating a strong inference of negligence.
Common OSHA Violations
Frequently cited OSHA violations in Texas include fall protection failures (lack of guardrails, no personal fall arrest systems), scaffolding violations (improper construction, no inspections), hazard communication failures (unlabeled chemicals, missing safety data sheets), and machine guarding deficiencies (exposed moving parts).
Reporting OSHA Violations
You have the right to report unsafe conditions to OSHA without retaliation. Whistleblower protections prevent employers from firing or punishing workers who report safety violations.
Construction Accident Focus
Austin's Construction Industry
Austin's rapid growth has created one of the most active construction markets in the country. High-rise buildings, residential developments, infrastructure projects, and commercial construction create employment—but also significant injury risks.
Common Construction Accidents
Construction workers face unique hazards including scaffolding collapses and falls, crane and heavy equipment accidents, trench cave-ins and excavation collapses, roof falls during roofing work, and electrocution from power lines or wiring.
Multiple Responsible Parties
Construction sites typically involve multiple companies, creating opportunities for third-party claims. General contractors, subcontractors, property owners, and equipment suppliers may all bear some responsibility for accidents, potentially expanding your recovery options beyond workers' compensation.
Steps After a Workplace Injury
- Report the injury immediately – Notify your supervisor in writing as soon as possible
- Seek medical attention – For workers' comp, use an authorized provider; for emergencies, any hospital
- Document everything – Photos of the scene and your injuries, witness names and statements
- File workers' comp claim – Must be filed within 30 days of injury (form DWC-41)
- Don't sign anything – Without legal review, you may sign away important rights
- Contact a workplace injury lawyer – Understand all your options before making decisions
Why Choose Our Austin Workplace Injury Lawyers?
- Understanding of Texas's unique system – We know both workers' comp and non-subscriber claims
- Experience with non-subscriber lawsuits – We've recovered full damages against non-insured employers
- Track record against large employers – We're not intimidated by corporate legal teams
- Network of experts – Medical, vocational, and safety experts support your case
- No fee unless we win – You pay nothing upfront; our fee comes from your recovery
See our track record on our case results page.
Frequently Asked Questions
Can I sue my employer for a workplace injury?
It depends on whether your employer has workers' compensation insurance. If they do (subscribing employer), you generally cannot sue them directly but can file a workers' comp claim. If they don't (non-subscriber), you can sue them directly and potentially recover full damages including pain and suffering. Third-party claims against parties other than your employer are always possible regardless of your employer's workers' comp status.
What if my workers' comp claim is denied?
You have the right to appeal a denied workers' compensation claim through the Texas Department of Insurance, Division of Workers' Compensation. The appeals process involves dispute resolution conferences and potentially hearings before administrative law judges. You may also have alternative claims available, such as a third-party claim against someone other than your employer who contributed to your injury.
How much is my workplace injury case worth?
Value depends on several factors: the severity of your injuries, your medical expenses and lost wages, whether you have permanent impairment, and whether your claim is through workers' comp (more limited benefits) or a negligence lawsuit (full damages available). Non-subscriber and third-party claims typically have higher potential value than workers' comp claims.
Can I be fired for filing a workplace injury claim?
Texas law prohibits employers from retaliating against employees who file workers' compensation claims. If you're fired, demoted, or otherwise discriminated against for filing a claim, you may have a separate retaliation claim. Document any adverse treatment following your injury report and contact an attorney if you believe you're being retaliated against.
Find more answers in our comprehensive FAQ section.
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Contact Our Workplace Injury Attorneys
Workplace injury claims have strict deadlines—workers' comp claims must be filed within 30 days, and personal injury claims have a two-year statute of limitations. Don't wait to understand your rights and options.
Contact The Juris Firm today for a free consultation. We'll evaluate your situation, explain all available options, and help you pursue maximum compensation for your injuries.