Workplace Accidents
Lozano & Khan helps injured workers understand every avenue available, whether that's a workers' compensation claim or a separate injury claim against a third party.
Understanding Your Options After a Workplace Injury
Workplace injuries in Texas can involve more than a single workers’ compensation claim. If your employer doesn’t carry workers’ compensation insurance, or if a third party such as a contractor, equipment manufacturer, or property owner contributed to the accident, you may have an entirely separate injury claim available, one that can recover more than workers’ compensation alone provides.
Lozano & Khan reviews the full picture of how an accident happened, not just the paperwork an employer hands over, to identify every option available to an injured worker.
Common Workplace Accident Causes
- Falls from heights or on uneven surfaces
- Equipment malfunction or lack of maintenance
- Inadequate safety training or supervision
- Exposure to hazardous conditions
- Vehicle accidents while working
Workers' Compensation vs. a Third-Party Claim
Texas is one of the few states where employers can choose not to carry workers’ compensation insurance. If your employer is a non-subscriber, you may be able to pursue a direct injury claim against them, which can allow for a broader recovery than workers’ compensation alone. Even where workers’ compensation applies, a separate claim may still be available against a third party whose negligence contributed to the accident.
Common Questions
Mostly Asked Questions
Texas is the only state that does not require most private employers to carry workers' compensation. If your employer is a non-subscriber, you can file a direct personal injury lawsuit and recover full damages without the limitations that workers' compensation imposes.
Non-subscribing employers lose most of their legal defenses in a workplace injury lawsuit. This means you can pursue full compensation for medical costs, lost income, pain and suffering, and future damages without the caps that apply to standard workers' compensation claims.
Yes. If a third party such as a contractor, equipment manufacturer, or property owner contributed to your workplace injury, you can pursue a separate personal injury claim against them in addition to any workers' compensation benefits.
Workers' compensation provides limited, fixed benefits regardless of fault. A personal injury lawsuit allows you to recover full damages including pain and suffering, which workers' compensation does not cover. In Texas, many employers do not carry workers' compensation at all.
If your employer carries workers' compensation, you must report your injury within 30 days of the incident. You then have one year to file a workers' compensation claim. For personal injury lawsuits against non-subscribing employers, the two-year statute of limitations applies.
Compensation may include current and future medical expenses, lost wages, lost earning capacity, rehabilitation costs, pain and suffering, and in cases of gross negligence, punitive damages. A Texas workplace injury attorney evaluates every available source of recovery.