Key Points

• Workers injured on the job across a wide range of Texas industries may qualify to file a personal injury lawsuit. 
• Many workplace injuries qualify for a lawsuit because a third party, such as a contractor, property owner, or equipment manufacturer, caused or contributed to the harm. 
• A workplace injury lawsuit can recover damages, including pain and suffering, that workers’ compensation benefits do not pay. 

Why It Matters

Many injured Texas workers assume workers’ compensation is their only option. It often is not. A wide range of jobs, industries, and accident types may qualify for a lawsuit that can recover full lost wages, pain and suffering, and other losses workers’ comp does not cover. Knowing your options early protects every path to compensation. 

Injured Texas Workers May Qualify to File a Lawsuit

If you or a loved one were seriously injured in a workplace accident in Texas, you may qualify to file a lawsuit and receive compensation for your medical bills, lost income, and other damages.  

Workers’ compensation is one path, but it is rarely the only one. Depending on your job, the type of accident, and who was responsible, you may have the right to pursue a personal injury claim that recovers significantly more than workers’ comp benefits alone. 

If you or a loved one were seriously injured in a workplace accident in Texas, you and your family members may be eligible to file a lawsuit and receive compensation for your injuries, medical bills, and other damages.  

For a free legal consultation with our attorneys or to start your claim today, contact Hissey Mulderig & Friend by calling our office toll-free at 1-866-806-8117, or by filling out our free claim submission form. 

Texas Jobs Where Workers May Qualify to File a Lawsuit

Workplace injury lawsuits are not limited to one industry. Injured workers across nearly every sector of the Texas economy may have a claim. Some of the most common include: 

Warehouse and distribution center workers. Forklift collisions, falling pallets, conveyor system injuries, and overexertion incidents are common in fulfillment and logistics facilities. 

Oil, gas, and energy workers. Refinery explosions, well blowouts, equipment failures, falls from height, and chemical exposures cause serious injuries on Texas oil and gas sites every year. 

Manufacturing and plant workers. Machine entanglements, crush injuries, burns, and amputations occur in factories handling everything from food processing to metal fabrication. 

Construction and industrial workers. Falls, electrocutions, struck-by incidents, and trench collapses are leading causes of injury at construction sites. Many construction injury claims involve multiple parties. 

Truck drivers, delivery drivers, and rideshare drivers. Workers who drive for a living face high crash exposure. A driver injured by another motorist may have a third-party claim alongside any workers’ comp benefits. 

Hospital, nursing home, and home health workers. Patient-handling injuries, slips, needlesticks, assaults, and chemical exposures injure thousands of Texas healthcare workers annually. 

Retail and grocery workers. Stockroom falls, box-cutter injuries, lifting injuries, and parking-lot incidents are common in big-box and grocery stores. 

Restaurant, bar, and kitchen workers. Burns, slips on wet floors, cuts, and repetitive-stress injuries are widespread in food service. 

Hotel and hospitality workers. Housekeeping staff often suffer back and shoulder injuries; maintenance workers face chemical and equipment hazards. 

Landscaping, agricultural, and farm workers. Equipment injuries, chemical exposures, livestock incidents, and heat-related illnesses are common. 

Janitorial and maintenance workers. Chemical burns, falls, and repetitive-motion injuries occur in offices, schools, and public facilities. 

Airport, ground crew, and transportation workers. Baggage handlers, tarmac workers, and ground operations staff suffer crush injuries, vehicle strikes, and lifting injuries. 

Waste, sanitation, and utility workers. Vehicle collisions, lifting injuries, and exposure hazards lead to serious claims. 

If your job is not listed above, that does not mean you cannot file a lawsuit. Any worker injured because of unsafe conditions, defective equipment, or another party’s negligence may have a claim. 

Workplace Injuries and Accidents That Often Lead to Lawsuits

The accidents and injuries the firm sees most often in Texas workplace cases include: 

• Falls from ladders, scaffolds, roofs, or elevated platforms 
• Falls on the same level due to wet, oily, or unstable surfaces 
• Crush injuries from heavy equipment, falling objects, or collapsing structures  
• Forklift, truck, and on-site vehicle collisions 
• Electrocutions, arc flash burns, and electrical fires 
• Machine entanglements and amputations 
• Explosions, fires, and pressure-vessel failures common in industrial settings 
• Toxic chemical, solvent, and gas exposures 
• Repetitive-motion and overexertion injuries, including back, shoulder, and neck damage 
• Hearing loss from prolonged noise exposure 
• Heat stroke and heat-related illnesses, especially on outdoor job sites 
• Traumatic brain injuries and spinal cord injuries from any of the above 

The U.S. Bureau of Labor Statistics publishes annual data on the frequency and severity of these injuries nationwide. The Occupational Safety and Health Administration sets workplace safety standards employers must follow.  

When those standards are ignored and a worker is hurt as a result, they may be eligible to file a lawsuit. 

Who May Qualify to File a Workplace Injury Lawsuit

You may qualify to pursue a workplace injury lawsuit in Texas if any of the following apply: 

• You were injured on the job and your employer does not carry workers’ compensation insurance 
• Your injury was caused, in whole or in part, by a person or company other than your direct employer, such as a contractor, subcontractor, property owner, or driver of another vehicle 
• You were hurt because a piece of equipment, tool, vehicle, or safety device malfunctioned or was unreasonably dangerous 
• You were exposed to harmful chemicals, fumes, or substances on the job 
• You suffered a serious injury caused by another party’s negligence, recklessness, or willful misconduct 
• A loved one died as a result of a workplace accident, and gross negligence or a third party may have played a role 

These are not the only paths to a lawsuit. A qualified workplace accident lawyer can review the specific circumstances of your injury and identify every party who may be legally responsible. 

Damages You May Recover in a Workplace Injury Lawsuit

Compensation in a workplace injury lawsuit can include both economic and non-economic damages. Economic damages cover financial losses, such as:  

• Medical bills 
• Future medical care 
• Lost wages, and  
• Reduced earning capacity  

Non-economic damages cover human losses, including:  

• Physical pain 
• Mental anguish 
• Disfigurement, and 
• Loss of enjoyment of life

In some cases, punitive damages may be available when the conduct involved was especially reckless. 

Workers’ comp benefits, by contrast, are limited. They typically cover medical care and a portion of lost wages but do not include pain and suffering or other non-economic losses. That is one reason a lawsuit, when available, can produce a substantially larger recovery than workers’ comp benefits alone. 

Where Texas Workers’ Compensation Fits In

Texas is the only state in the country where private employers can legally opt out of the workers’ compensation system. Employers that carry workers’ comp insurance are called “subscribers.” Employers that decline to carry it are called “nonsubscribers.” 

If your employer is a subscriber, workers’ comp generally provides medical care, a portion of lost wages, and certain other benefits regardless of who was at fault. In exchange, you usually cannot sue your employer directly for negligence. However, you can still sue any third party who contributed to your injury. 

If your employer is a nonsubscriber, the rules change significantly. You may file a personal injury lawsuit directly against your employer. 

Texas law also strips nonsubscribers of several traditional defenses. They cannot argue you were partially at fault, that a coworker caused the injury, or that you assumed the risk of the job. The Texas Department of Insurance Division of Workers’ Compensation explains the subscriber and nonsubscriber rules in detail. 

Time Limits and Steps to Take After a Workplace Injury

Most workplace injury lawsuits in Texas must be filed within two years of the date of the injury. Shorter notice requirements can apply when a government entity is involved. Acting quickly protects evidence, preserves witness memory, and keeps your legal options open. 

Steps to take after a workplace injury:  

• Report the injury to your employer in writing as soon as possible 
• Get medical care right away, and follow your provider’s treatment plan 
• Document everything you can, including photographs of the scene, witness names, and the equipment or conditions involved 
• Keep copies of all medical records, bills, pay stubs, and correspondence with your employer or its insurance carrier 
• Avoid giving recorded statements to insurance adjusters before speaking with an attorney 

Contact Our Attorneys: No Fees Unless You Win

Workers who were seriously injured because of an on-the-job accident may be eligible to file a lawsuit and receive compensation for their injuries, medical bills, and other expenses. 

Our law firm, Hissey Mulderig & Friend, has decades of combined legal experience representing workers in Texas and across the U.S. who suffered serious injuries or developed illnesses because of accidents or toxic exposure that occurred on the job.  

Our lawyers operate on a strict contingency basis: you will never pay legal fees, court costs, or other legal expenses unless our law firm is able to successfully recover damages in your case. 

For a free legal consultation with a lawyer or to start the process of filing your personal injury claim today, contact the law firm of Hissey Mulderig & Friend by calling our office toll-free at 1-866-806-8117, or by filling out our free claim submission form.