Every year, hundreds of thousands of workers are injured on the job in Texas, from construction sites and manufacturing plants to offices and retail stores. According to the Bureau of Labor Statistics, Texas consistently ranks among the top states for workplace injuries and fatalities, with industries like construction, oil and gas, manufacturing, and agriculture presenting particularly high risks. When workplace accidents occur, injured workers and their families face not only physical pain and medical expenses but also lost wages, uncertainty about their future, and complex legal challenges.

Texas has a unique workers’ compensation system that gives employers the choice of whether to carry workers’ compensation insurance. This creates different legal options and challenges depending on whether your employer is a “subscriber” (carries workers’ comp) or “non-subscriber” (does not carry workers’ comp). Additionally, even workers covered by workers’ compensation may have third-party claims against equipment manufacturers, contractors, or other parties whose negligence contributed to their injuries.

At Harper Law Firm, we understand the complexities of Texas workplace accident law and the challenges facing injured workers. We know that workers’ compensation benefits are often inadequate for serious injuries, and we work aggressively to identify all potential sources of compensation. As experienced Texas workplace accident lawyers, we fight for injured workers against employers, insurance companies, equipment manufacturers, and anyone else whose negligence contributed to workplace injuries.

Why Choose Harper Law Firm for Your Texas Workplace Accident Case?

Understanding Texas Workers’ Compensation System

Texas has a unique workers’ compensation framework:

• Non-subscription system allowing employers to opt out of workers’ compensation
• Subscriber vs. non-subscriber employers with different legal obligations and worker rights
• Texas Department of Insurance oversight and benefit administration
• Third-party liability claims available even with workers’ compensation coverage
• Federal workers’ compensation for federal employees and specific industries

Experience with OSHA and Safety Violations

Workplace safety violations often contribute to serious accidents:

• OSHA regulations and safety standard violations
• Texas-specific safety requirements for various industries
• Industry safety standards and best practices
• Safety training failures and inadequate supervision
• Using violations as evidence in personal injury and workers’ comp cases

Knowledge of Industrial and Commercial Operations

We understand the technical aspects of various workplace environments:

• Manufacturing and industrial facility operations
• Construction site safety and coordination
• Office and retail workplace hazards
• Transportation and logistics operations
• Healthcare and institutional workplace safety

Resources for Complex Workplace Cases

Workplace accident cases often require significant investigation and expert testimony:

• Industrial safety experts who understand workplace hazards and OSHA compliance
• Medical experts who specialize in occupational injuries and diseases
• Economic experts who can calculate lost earning capacity and future needs
• Accident reconstruction specialists for complex industrial accidents

Understanding Texas Workers’ Compensation vs. Non-Subscriber Systems

Texas Subscriber Employers (Workers’ Compensation)

Employers who carry workers’ compensation insurance provide specific benefits:

Workers’ Compensation Benefits:

• Medical benefits covering all necessary treatment related to work injuries
• Temporary income benefits (TIBs) during recovery periods
• Impairment income benefits (IIBs) for permanent disabilities
• Supplemental income benefits (SIBs) for severe injuries affecting work capacity
• Lifetime income benefits (LIBs) for catastrophic injuries
• Death benefits for surviving family members

Exclusive Remedy Limitations:

• Workers generally cannot sue subscriber employers for workplace injuries
• Limited to workers’ compensation benefits for employer negligence
• Third-party claims still available against non-employer parties
• Exceptions for intentional employer conduct or safety violations

Texas Non-Subscriber Employers

Many Texas employers choose not to carry workers’ compensation insurance:

Enhanced Legal Rights:

• Right to sue non-subscriber employers directly for workplace injuries
• Full personal injury damages including pain and suffering
• No limitations on damage recovery amounts
• Jury trial rights in state court

Employer Defenses:

• Non-subscriber employers lose certain legal protections
• Cannot use traditional workers’ comp defenses
• Assumption of risk and fellow servant defenses limited
• Comparative negligence still applies to reduce damages

Proving Employer Liability:

• Employer negligence in providing safe workplace
• Failure to follow safety regulations and standards
• Inadequate training, supervision, or safety equipment
• Violations of OSHA or other safety requirements

Federal Workers’ Compensation Systems

Some Texas workers are covered by federal programs:

Federal Employees’ Compensation Act (FECA):

• Federal government employees injured on the job
• Comprehensive medical benefits and wage replacement
• Administered by Office of Workers’ Compensation Programs
• Exclusive remedy for federal employee workplace injuries

Longshore and Harbor Workers’ Compensation Act (LHWCA):

• Maritime workers not covered by Jones Act
• Port workers, longshoremen, and harbor workers
• Federal workers’ compensation with third-party claim rights
• Offshore oil and gas workers on fixed platforms

Common Types of Texas Workplace Accidents

Construction Site Accidents

Construction remains one of the most dangerous industries in Texas:

Falls from Height:

• Falls from scaffolding, ladders, and roofs
• Falls through openings and unguarded areas
• Falls from equipment and elevated work platforms
• Inadequate fall protection systems and training

Struck-By Accidents:

• Struck by falling objects and construction materials
• Vehicle and equipment accidents on construction sites
• Crane accidents and load drops
• Tool and equipment projectile injuries

Caught-In/Between Accidents:

• Trench collapses and excavation accidents
• Equipment entanglement and crushing injuries
• Structural collapses during construction
• Machinery and equipment caught-in accidents

Electrocutions:

• Contact with overhead power lines
• Defective electrical equipment and wiring
• Inadequate lockout/tagout procedures
• Ground fault and electrical system failures

Manufacturing and Industrial Accidents

Texas manufacturing facilities present numerous workplace hazards:

Machinery and Equipment Accidents:

• Caught-in accidents with moving machinery
• Crushing injuries from hydraulic and pneumatic equipment
• Amputation injuries from cutting and grinding equipment
• Equipment malfunction and maintenance accidents

Chemical Exposures and Releases:

• Acute chemical exposures causing burns and respiratory injuries
• Chronic exposure to toxic substances causing occupational diseases
• Chemical spills and release accidents
• Inadequate personal protective equipment and training

Fire and Explosion Accidents:

• Industrial fires from equipment malfunctions and hot work
• Chemical explosions and vapor cloud ignitions
• Electrical fires and arc flash incidents
• Inadequate fire prevention and suppression systems

Transportation and Logistics Accidents

Texas’s extensive transportation industry creates significant workplace risks:

Commercial Vehicle Accidents:

• Truck driver accidents during delivery and transport operations
• Loading dock accidents and material handling injuries
• Forklift and warehouse equipment accidents
• Slip and fall accidents in transportation facilities

Aviation Workplace Accidents:

• Airport ground crew and maintenance worker injuries
• Aircraft servicing and refueling accidents
• Baggage handling and cargo loading injuries
• Ramp and runway accidents involving ground support equipment

Healthcare and Institutional Workplace Accidents

Healthcare workers face unique occupational hazards:

Patient Care Injuries:

• Back injuries from patient lifting and transfers
• Needlestick injuries and bloodborne pathogen exposures
• Assault injuries from patients and visitors
• Slip and fall accidents in patient care areas

Chemical and Biological Exposures:

• Exposure to chemotherapy drugs and hazardous medications
• Infection risks from patient contact and contaminated materials
• Chemical burns from cleaning and sterilization products
• Radiation exposure from medical imaging equipment

Office and Retail Workplace Accidents

Even seemingly safe workplaces can present injury risks:

Slip, Trip, and Fall Accidents:

• Wet floors and inadequate maintenance
• Uneven surfaces and trip hazards
• Poor lighting and visibility issues
• Inadequate housekeeping and clutter

Ergonomic and Repetitive Stress Injuries:

• Carpal tunnel syndrome and repetitive strain injuries
• Back injuries from improper lifting and workstation setup
• Eye strain and vision problems from computer work
• Neck and shoulder injuries from poor ergonomic design

Violence and Security Issues:

• Workplace violence from customers, coworkers, or intruders
• Robbery and assault injuries in retail environments
• Inadequate security measures and policies
• Domestic violence spillover into workplace settings

Serious Injuries Common in Texas Workplace Accidents

Traumatic Brain Injuries

Industrial accidents often cause severe head injuries:

Construction and Industrial TBI:

• Falls from height causing skull fractures and brain damage
• Struck-by injuries from falling objects and equipment
• Electrical accidents causing loss of consciousness and falls
• Explosion and blast injuries causing concussive brain trauma

Cognitive and Behavioral Effects:

• Memory loss and concentration difficulties affecting work capacity
• Personality changes and behavioral problems
• Executive function deficits affecting decision-making abilities
• Need for cognitive rehabilitation and assistive technology

Spinal Cord Injuries

Workplace accidents can cause devastating spinal injuries:

Complete and Incomplete Paralysis:

• Complete spinal cord severance causing total paralysis below injury site
• Incomplete injuries with partial sensation and movement preservation
• Quadriplegia from cervical spine injuries
• Paraplegia from thoracic and lumbar spine injuries

Adaptive Equipment and Care Needs:

• Wheelchairs and mobility assistive devices
• Home and vehicle modifications for accessibility
• Personal care assistance and nursing care
• Vocational rehabilitation and adaptive technology

Amputation and Crush Injuries

Industrial equipment can cause severe extremity injuries:

Traumatic Amputations:

• Finger and hand amputations from machinery and equipment
• Arm and leg amputations from crushing and cutting accidents
• Multiple amputations from severe industrial accidents
• Need for prosthetic devices and rehabilitation

Severe Crush Injuries:

• Compartment syndrome requiring emergency surgery
• Bone fractures and joint damage requiring reconstruction
• Nerve damage causing permanent numbness and weakness
• Chronic pain conditions requiring ongoing treatment

Burn Injuries

Industrial fires and chemical exposures cause serious burns:

Thermal Burns:

• Flash fire burns from hydrocarbon and chemical ignitions
• Contact burns from hot equipment and molten materials
• Steam burns from high-pressure system releases
• Electrical burns from arc flash and electrocution incidents

Chemical Burns:

• Acid and caustic chemical burns from industrial processes
• Solvent and petroleum product skin contact burns
• Pesticide and agricultural chemical exposure burns
• Cleaning product and maintenance chemical burns

Respiratory and Lung Injuries

Workplace exposures can cause serious respiratory problems:

Acute Respiratory Injuries:

• Chemical pneumonitis from toxic vapor inhalation
• Smoke inhalation injuries from fires and explosions
• Oxygen deficiency injuries in confined spaces
• Acute lung injury from chemical releases and spills

Occupational Lung Diseases:

• Silicosis from construction and mining dust exposure
• Asbestosis from asbestos-containing materials
• Chemical-induced asthma and chronic obstructive pulmonary disease
• Lung cancer from occupational carcinogen exposure

Psychological Trauma and PTSD

Workplace accidents can cause lasting psychological effects:

Post-Traumatic Stress Disorder:

• Flashbacks and nightmares about workplace accidents
• Anxiety and panic attacks related to work environments
• Avoidance of work activities and situations
• Depression and mood disorders affecting daily functioning

Return-to-Work Challenges:

• Fear of similar accidents and workplace hazards
• Reduced confidence and work performance
• Need for psychological counseling and support
• Workplace accommodation and modification needs

Third-Party Liability in Texas Workplace Accidents

Equipment Manufacturer Liability

Defective equipment contributes to many workplace accidents:

Product Liability Claims:

• Design defects making equipment unreasonably dangerous
• Manufacturing defects causing equipment failures
• Inadequate warnings and safety instructions
• Failure to incorporate available safety features

Common Defective Equipment:

• Industrial machinery and manufacturing equipment
• Construction tools and safety equipment
• Transportation vehicles and material handling equipment
• Personal protective equipment failures

Contractor and Subcontractor Liability

Multi-employer worksites create complex liability issues:

General Contractor Liability:

• Site safety coordination and oversight responsibilities
• Creating or contributing to dangerous conditions
• Inadequate safety training and supervision
• Failure to enforce safety policies and procedures

Subcontractor Negligence:

• Specialized trade contractor safety violations
• Creating hazards affecting other workers
• Inadequate worker training and supervision
• Equipment and tool safety failures

Property Owner and Premises Liability

Property owners may be liable for workplace accidents:

Dangerous Premises Conditions:

• Structural defects and maintenance failures
• Inadequate lighting and safety features
• Environmental hazards and toxic exposures
• Security failures leading to workplace violence

Landlord and Tenant Responsibilities:

• Commercial property owner duties to tenant employees
• Shared responsibility for common areas and facilities
• Maintenance and repair obligations affecting safety
• Compliance with building codes and safety regulations

Design Professional Liability

Architects and engineers may be liable for design-related accidents:

Professional Negligence:

• Structural design defects causing collapses and failures
• Inadequate safety features in facility design
• Failure to consider worker safety during design process
• Non-compliance with building codes and safety standards

OSHA Regulations and Workplace Safety in Texas

Federal OSHA Standards

The Occupational Safety and Health Administration sets federal workplace safety standards:

General Industry Standards:

• Hazard communication and chemical safety requirements
• Personal protective equipment standards
• Machine guarding and equipment safety requirements
• Electrical safety and lockout/tagout procedures

Construction Industry Standards:

• Fall protection and scaffolding safety requirements
• Excavation and trenching safety standards
• Electrical safety for construction environments
• Personal protective and life-saving equipment

Industry-Specific Standards:

• Maritime industry safety standards for shipyards and marine terminals
• Agriculture industry standards for farm and ranch operations
• Healthcare industry standards for hospitals and medical facilities
• Oil and gas industry safety requirements

Texas State OSHA Plan

Texas does not have its own state OSHA plan, so federal OSHA applies:

Federal OSHA Enforcement:

• Workplace inspections following accidents or complaints
• Citations and fines for safety violations
• Repeat and willful violation penalties
• Criminal referrals for serious violations resulting in death

Worker Rights Under OSHA:

• Right to a safe and healthful workplace
• Right to receive safety training and information
• Right to file complaints about workplace hazards
• Protection from retaliation for safety complaints

Using OSHA Violations in Legal Cases

OSHA violations can provide crucial evidence in workplace accident cases:

Evidence of Negligence:

• Safety standard violations demonstrating breach of duty
• Previous citations and violations showing knowledge of hazards
• Industry standards and best practices comparisons
• Expert testimony about proper safety procedures

Regulatory Compliance:

• Employer duties under OSHA regulations
• Industry-specific safety requirements
• Training and education obligations
• Equipment and safety system maintenance requirements

Compensation Available in Texas Workplace Accident Cases

Workers’ Compensation Benefits

Subscriber employers provide workers’ compensation benefits:

Medical Benefits:

• All necessary medical treatment related to work injuries
• Hospital, surgery, and specialist care
• Prescription medications and medical equipment
• Rehabilitation and physical therapy services
• Vocational rehabilitation for job retraining

Income Benefits:

• Temporary income benefits during recovery periods
• Impairment income benefits for permanent disabilities
• Supplemental income benefits for severe work restrictions
• Lifetime income benefits for catastrophic injuries

Death Benefits:

• Funeral and burial expense payments
• Weekly income benefits for surviving spouses and children
• Lump sum payments for surviving family members
• Educational benefits for children of deceased workers

Non-Subscriber Personal Injury Damages

Workers injured by non-subscriber employers can recover full damages:

Economic Damages:

• All medical expenses and future medical care needs
• Lost wages and reduced earning capacity
• Vocational rehabilitation and job retraining costs
• Life care planning for catastrophic injuries
• Property damage and out-of-pocket expenses

Non-Economic Damages:

• Pain and suffering compensation
• Mental anguish and emotional distress
• Loss of enjoyment of life and activities
• Disfigurement and permanent disability
• Impact on family relationships and quality of life

Third-Party Liability Damages

Claims against third parties provide additional compensation:

Product Liability Damages:

• Full economic and non-economic damages
• Punitive damages for defective design or manufacturing
• Future medical care and assistive device costs
• Lost earning capacity and career impact

Premises and Contractor Liability Damages:

• Compensation for dangerous working conditions
• Inadequate safety measures and supervision
• Coordination with workers’ compensation benefits
• Maximum recovery from all available sources

Challenges in Texas Workplace Accident Cases

Workers’ Compensation Coordination

Coordinating different benefit systems can be complex:

Subrogation and Reimbursement:

• Workers’ compensation liens on third-party recoveries
• Negotiating lien reductions to maximize client recovery
• Medicare and health insurance subrogation issues
• Coordination of benefits between multiple sources

Coverage Disputes:

• Disputes over whether injuries are work-related
• Independent contractor vs. employee classification issues
• Scope of employment and deviation questions
• Pre-existing condition and aggravation issues

Employer Retaliation and Discrimination

Workers may face retaliation for filing claims:

Prohibited Employer Actions:

• Termination or discipline for filing workers’ compensation claims
• Harassment or hostile work environment for injured workers
• Denial of work accommodations for work-related disabilities
• Interference with medical treatment and benefits

Legal Protections:

• Texas Labor Code anti-retaliation provisions
• Federal disability discrimination protections
• Whistleblower protections for safety complaints
• Remedies for wrongful termination and discrimination

Complex Multi-Party Litigation

Workplace accidents often involve multiple defendants:

Coordination Challenges:

• Multiple insurance companies and coverage disputes
• Conflicting interests between different defendants
• Settlement coordination and allocation issues
• Trial management with numerous parties

Strategic Considerations:

• Identifying all potentially liable parties
• Avoiding settlements that prejudice other claims
• Maximizing total recovery from all sources
• Managing client expectations about complex proceedings

Statute of Limitations and Procedural Issues

Different claims have different deadlines and procedures:

Workers’ Compensation Deadlines:

• Notice requirements for reporting workplace injuries
• Claim filing deadlines and procedural requirements
• Medical treatment authorization and appeals
• Benefit dispute resolution procedures

Personal Injury and Third-Party Claims:

• Two-year statute of limitations for personal injury claims
• Different deadlines for property damage and other claims
• Discovery rule applications for occupational diseases
• Government claim notice requirements

How Harper Law Firm Handles Workplace Accident Cases

Comprehensive Legal Analysis

We analyze all available legal options:

Workers’ Compensation vs. Personal Injury:

• Determining whether employer is subscriber or non-subscriber
• Analyzing benefits available under workers’ compensation
• Identifying potential third-party liability claims
• Coordinating multiple legal proceedings and benefit systems

OSHA and Safety Violation Investigation:

• Reviewing OSHA inspection reports and citations
• Investigating safety training and procedure failures
• Analyzing industry standards and best practices
• Using violations as evidence of negligence

Multi-Track Case Development

We pursue all available sources of compensation:

Workers’ Compensation Claims:

• Ensuring proper filing and documentation of claims
• Fighting benefit denials and inadequate settlements
• Appealing disputed medical treatment and impairment ratings
• Maximizing benefits under the workers’ compensation system

Third-Party Liability Claims:

• Investigating equipment manufacturers and suppliers
• Pursuing premises liability against property owners
• Analyzing contractor and subcontractor negligence
• Coordinating settlements to maximize total recovery

Expert Witness Development

We work with leading workplace safety and medical experts:

Safety and OSHA Compliance Experts:

• Former OSHA inspectors and safety professionals
• Industry-specific safety experts and consultants
• Engineering experts for equipment and facility design
• Training and human factors experts

Medical and Vocational Experts:

• Occupational medicine specialists familiar with workplace injuries
• Rehabilitation specialists for catastrophic injury cases
• Vocational experts for career impact and retraining needs
• Life care planners for long-term medical and assistive needs

Client Support and Advocacy

We provide comprehensive support throughout the legal process:

Benefits Coordination:

• Assistance with workers’ compensation claim filing and appeals
• Coordination with health insurance and disability benefits
• Advocacy for appropriate medical treatment and specialists
• Protection against employer retaliation and discrimination

Return-to-Work Support:

• Advocacy for workplace accommodations and modifications
• Coordination with vocational rehabilitation services
• Protection of rights during return-to-work process
• Alternative career planning for workers unable to return

Frequently Asked Questions About Texas Workplace Accidents

Can I sue my employer if I’m injured at work?

It depends on whether your employer carries workers’ compensation insurance. If they’re a “subscriber,” you generally cannot sue them but receive workers’ comp benefits. If they’re a “non-subscriber,” you can sue them directly for personal injury damages.

What if I’m injured by equipment made by another company?

You may have a product liability claim against the equipment manufacturer in addition to any workers’ compensation benefits. These third-party claims can provide compensation for pain and suffering and other damages not covered by workers’ comp.

Do I need to report my workplace injury immediately?

Yes, you should report workplace injuries to your employer as soon as possible. Texas law requires notice within 30 days for workers’ compensation claims, but immediate reporting helps preserve evidence and protect your rights.

What if my employer doesn’t have workers’ compensation insurance?

Non-subscriber employers lose certain legal protections and can be sued directly for workplace injuries. You may be entitled to full personal injury damages including pain and suffering, not just workers’ compensation benefits.

Can I choose my own doctor for a work injury?

Under workers’ compensation, your employer or their insurance company typically controls medical treatment initially. However, you may have rights to change doctors or seek second opinions, and third-party claims may allow more medical treatment freedom.

What if I was partially at fault for my workplace accident?

Under Texas comparative negligence law, you can still recover compensation as long as you were 50% or less at fault. Your recovery will be reduced by your percentage of fault, but workplace safety violations by employers often establish their primary liability.

How long do I have to file a workplace accident claim?

Workers’ compensation claims must be filed within one year of injury, but notice should be given within 30 days. Personal injury claims against non-subscriber employers have a two-year statute of limitations. Contact an attorney immediately to protect your rights.

Serving Workplace Accident Victims Throughout Texas

Harper Law Firm represents workplace accident victims throughout Texas, including:

Major Industrial and Manufacturing Centers

• Houston: Petrochemical, oil refining, and port operations
• Dallas-Fort Worth: Manufacturing, aerospace, and technology industries
• San Antonio: Our home base with diverse manufacturing and military industries
• Beaumont-Port Arthur: Major refining and chemical processing hub

Construction and Infrastructure Projects

• Statewide Construction: Commercial, residential, and infrastructure projects
• Transportation Projects: Highway, bridge, and airport construction
• Energy Infrastructure: Power generation, transmission, and pipeline projects
• Industrial Construction: Manufacturing facility and plant construction

Oil and Gas Operations

• Permian Basin: West Texas oil and gas drilling and production
• Eagle Ford Shale: South Texas shale oil and gas operations
• Gulf Coast: Offshore platform support and marine operations
• East Texas: Traditional oil and gas fields and operations

Healthcare and Institutional Settings

• Hospitals and Medical Centers: Healthcare worker injury cases
• Schools and Universities: Educational institution employee injuries
• Government Facilities: State and local government worker injuries
• Retail and Service Industries: Commercial workplace accidents

Contact Harper Law Firm for Your Texas Workplace Accident Case

If you’ve been injured in a workplace accident in Texas, don’t try to navigate the complex legal system alone. Workplace accident cases involve multiple areas of law, insurance systems, and often powerful corporate defendants with teams of lawyers focused on minimizing their liability. You need experienced legal representation that understands both workers’ compensation and personal injury law.

Harper Law Firm has the knowledge and resources to handle complex workplace accident cases against employers, insurance companies, equipment manufacturers, and other responsible parties. We understand the challenges facing injured workers and their families, and we’re committed to fighting for maximum compensation under all applicable laws.

What We Offer Workplace Accident Victims

• Free Consultations to evaluate your case and explain your rights
• No Fees Unless We Win your case
• Experience with Workers’ Compensation and Personal Injury Law
• Knowledge of OSHA Regulations and Workplace Safety Standards
• Resources to Fight Employers, Insurance Companies, and Manufacturers
• Statewide Representation throughout Texas
• Protection Against Employer Retaliation and discrimination

Why Immediate Action Is Critical

Don’t delay in contacting us because:

• Evidence can be lost or destroyed quickly in workplace settings
• Witness memories fade and workers may transfer to different jobs
• Employers and insurance companies begin building their defense immediately
• Notice requirements and deadlines can affect your ability to recover
• Early investigation often uncovers crucial evidence and safety violations

Getting Started Is Simple

Taking the first step is easy:

1. Call us for your free consultation
2. Gather available information about your employment and the accident
3. Bring medical records and any incident reports or documentation
4. Tell us what happened and how you were injured
5. Learn about your rights under workers’ compensation and personal injury law

Don’t let employers, insurance companies, or equipment manufacturers escape responsibility for workplace accidents. When companies fail to provide safe working conditions or properly maintain equipment, injured workers deserve compensation.

Call Harper Law Firm today for your free consultation. We’re here to fight for your rights and help you get the justice and compensation you deserve for your workplace accident injuries.