How Can a Lawyer Help You Navigate Work Injury Laws in Texas?

• February 15, 2025
• Blog
• By Cesar Ornelas

Texas is a great state to live and work in, but what should you do if you’re injured at work? There are many reasons that it is a good idea to consult an El Paso work injury attorney to help you understand the laws surrounding work injuries and decide how to proceed with your case. At Cesar Ornelas Injury Law in San Antonio, Dallas, Midland, and Odessa, TX, Hobbs, NM, and Corona, CA, we have the expertise to advise our clients on how to get the compensation they deserve.

How Can a Lawyer Help You Navigate Work Injury Laws in Texas?

We Understand The Law

Unlike many states, Texas does not require private employers to carry workers’ compensation insurance. Employers may choose either to carry workers’ compensation insurance or opt out, that is, become “non-subscribers.” This means that your legal options after a workplace accident will vary depending on your employer.

Employers with Workers’ Compensation Insurance

If your employer carries worker’s compensation insurance, you cannot generally sue your employer for work-related injuries. Instead, you have to file a claim with the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC).

We Know How To File Claims Correctly

One of the most common reasons claims are denied is due to paperwork errors or missed deadlines. For example, all workers’ comp claims must be filed within a year of the incident. With a lawyer on your side, you can be sure that all required forms will be completed accurately and submitted on time.

We Can Handle Insurer Disputes Over Benefits

Insurance companies often attempt to minimize payouts by disputing the severity of injuries or denying coverage altogether. We can help you know what medical records and other evidence you will need to submit to support your claim. We are also experienced with the administrative dispute process and will challenge any benefit denials, along with representing you in hearings before the TDI-DWC to ensure fair treatment.

We Can Maximize Your Workers’ Compensation Payout

Workers’ compensation provides benefits such as medical coverage and income benefits. As experienced work injury lawyers, we are well aware of all the benefits that you may be entitled to, and will negotiate for the full amount that you deserve. These may include:

• Temporary Income Benefits (TIBs)
• Impairment Income Benefits (IIBs)
• Supplemental Income Benefits (SIBs)
• Lifetime Income Benefits (LIBs)

Non-Subscriber Employers

Employers who do not subscribe to workers’ compensation lose certain legal protections that workers’ compensation normally provides. This means that you have the right to sue them for negligence directly. The statute of limitations gives you two years after the date of your injury to file a suit against a non-subscriber employer.

We Can Build a Case Proving Employer Negligence

To recover damages, you must prove that your employer’s negligence contributed to your injury. There are four things you need to show in order to demonstrate a valid negligence case, which are:

1. A duty of care was owed to you
2. The employer breached that duty through unsafe working conditions, lack of training, or some other means
3. The breach directly caused the accident or situation in which you were injured
4. You suffered actual damages as a result

As your lawyers, we will gather evidence to show these four aspects of your case by investigating workplace safety records, interviewing co-workers and witnesses, checking any available surveillance footage, and reviewing your medical records.

We Will Seek Full and Fair Compensation

Unlike workers’ compensation claims, lawsuits against non-subscribing employers allow for greater recovery of damages, more than just medical treatment and a percentage of your lost wages. We may be able to recover the full value of your lost wages, both past and future, along with compensation for any loss of future earning capacity. In addition, you can be compensated for any pain and suffering or mental anguish that you have been caused as a result of your injury.

We will calculate these damages for you by customizing a standardized formula to your unique situation. We can then take that total and use it to negotiate a settlement, or take your case to trial if we are unable to arrive at a satisfactory amount outside of court.

Third-Party Claims

Employer negligence is not the only thing that can result in a workplace injury. Many workplace injuries result from defective machinery, unsafe working environments, or the negligence of contractors. We may be able to pursue legal action on your behalf against third parties, such as equipment manufacturers or subcontractors, if their negligence contributed to your injury.

We Can Identify and Pursue Third-Party Liability Claims

We will investigate your case to determine if a third-party claim is viable, and file quickly to ensure your case does not fall outside the two-year statute of limitations. As with the other kinds of case, we will collect evidence, then negotiate with the responsible parties, going on to represent you in court if a settlement cannot be reached.

What Else Is Special About Texas Work Injury Law?

In Texas, work-related injuries can involve specialized legal areas that require attorneys with expertise in specific fields. For example, Texas’s oil and gas industry continues to grow year upon year, employing hundreds of thousands of workers. The industry is also one of the most dangerous to work in due to the inherent hazardousness of the work environment. Along with the danger of explosions and fires, oil rig workers run the risk of serious injuries offshore.