Workplace Injuries and Employer Responsibility

Workplace injuries can happen in any industry, from construction sites and factories to offices and retail stores. For injured workers, the consequences are often devastating: time away from work, expensive medical bills, and the stress of not knowing how to provide for their families.

At The Santos Law Firm, PLLC, we believe every worker deserves protection, fair treatment, and compensation when an employer’s negligence contributes to an accident. Understanding your rights under Texas law is the first step toward recovery.

Common Types of Workplace Injuries

Work-related injuries can range from minor incidents to catastrophic accidents. Some of the most frequent injuries in Texas workplaces include:

• Back and neck injuries from heavy lifting
• Falls from ladders, scaffolds, or platforms
• Repetitive stress injuries, such as carpal tunnel syndrome
• Burns from fires, explosions, or chemicals
• Traumatic brain injuries from falling objects or machinery
• Crush injuries caused by equipment or vehicles
• Occupational illnesses from toxic exposure

No matter the industry, employers have a responsibility to provide a safe work environment and take reasonable steps to prevent these injuries.

Employer Responsibilities Under Texas Law

Texas law requires employers to maintain reasonably safe workplaces and to take proactive steps to reduce risks. This includes:

• Providing safety training and enforcing workplace safety rules
• Maintaining equipment in safe working order
• Complying with Occupational Safety and Health Administration (OSHA) regulations
• Offering protective gear and ensuring employees know how to use it properly
• Addressing known hazards promptly to prevent accidents

When employers neglect these responsibilities, they put their workers at unnecessary risk.

Workers’ Compensation in Texas – A Unique System

Unlike most states, Texas does not require all private employers to carry workers’ compensation insurance. This creates two distinct situations for injured employees:

1. If your employer carries workers’ compensation insurance:

   • You may be entitled to medical care and partial wage replacement through the workers’ comp system.
   • In exchange, you generally cannot sue your employer directly, even if they were negligent.
2. If your employer does not carry workers’ compensation insurance (a “non-subscriber”):

   • You may have the right to file a personal injury lawsuit directly against your employer.
   • Employers without coverage lose certain legal defenses, making it easier for injured workers to recover compensation.

Because Texas is the only state that allows employers to opt out, it is critical to understand whether your employer has coverage and how that impacts your rights.

When Injured Workers Can Pursue Additional Claims

In some cases, workers may be able to pursue claims beyond workers’ compensation. These situations include:

• Third-party claims: If a party other than your employer (such as a subcontractor, equipment manufacturer, or property owner) contributed to your injury, you may pursue a personal injury lawsuit against them.
• Non-subscriber claims: If your employer opted out of workers’ compensation, you may sue them directly for negligence.
• Gross negligence and wrongful death claims: In cases where an employer’s conduct was reckless and led to a worker’s death, surviving family members may pursue additional damages.

These claims can provide compensation for pain and suffering, emotional distress, and full wage loss — damages not typically covered by workers’ comp benefits.

What Compensation Can Cover

Depending on the circumstances, injured workers may be able to recover compensation for:

• Medical expenses and rehabilitation costs
• Lost income and reduced earning capacity
• Pain and suffering
• Loss of quality of life
• Permanent disability or disfigurement

The type and amount of compensation available depends on whether the claim is handled through workers’ comp, a third-party lawsuit, or a non-subscriber claim.

Steps to Take After a Workplace Injury

If you have been injured on the job, taking the right steps immediately can strengthen your case:

1. Report the injury to your employer as soon as possible.
2. Seek medical treatment promptly, even for injuries that seem minor.
3. Document the accident by gathering witness names, photos, or video if available.
4. Keep records of all medical bills, lost wages, and related expenses.
5. Speak with an experienced workplace injury attorney before giving statements to insurance companies or signing documents.

How The Santos Law Firm Can Help

At The Santos Law Firm, PLLC, we move quickly to protect injured workers’ rights. Our team investigates the circumstances of your injury, determines whether workers’ comp applies, and explores all avenues for additional recovery. We understand how employers and insurers attempt to minimize claims, and we are prepared to fight aggressively on your behalf.

Whether through a workers’ compensation claim, a lawsuit against a negligent employer, or a third-party claim, our mission is to maximize your recovery and ensure your family’s future is protected.

Protect Your Rights After a Workplace Injury

Workplace accidents can change your life in an instant. You do not have to face the consequences alone, and you should not settle for less than you deserve.

Contact The Santos Law Firm, PLLC today for a free consultation. We will help you understand your options and take immediate steps to hold negligent parties accountable.