WORK INJURIES

Getting hurt on the job can turn your life upside down — medical bills pile up, you might lose wages, and the stress can be overwhelming. Here's what you need to know in simple, everyday terms.

DON'T WAIT – LEGAL DEADLINES MATTER

  • For most workplace injuries, you generally have two years from the date of injury to file a personal injury lawsuit.
  • If your employer carries workers' compensation insurance, you need to report your injury within 30 days, and typically file your claim within one year.
  • If your employer is a non-subscriber (meaning they don't offer workers' comp), you can still file a lawsuit — but you must do so within the same two-year window.

WORKERS' COMP VS. LAWSUIT: WHAT'S THE DIFFERENCE?

  • With workers' comp, you get help paying medical bills and part of your lost wages, regardless of fault.
  • If you're hurt due to someone else's negligence — like poor training, unsafe equipment, or hazards at work — and your employer is a non-subscriber, you can file a personal injury lawsuit and seek more comprehensive compensation, including pain and suffering.

EMPLOYERS MUST KEEP YOU SAFE

Texas law expects your employer to provide a safe workplace. If they fail to:

  • Train you properly,
  • Maintain safe equipment,
  • Or eliminate known hazards,

And you get hurt as a result, they may be held legally responsible.

To bring a lawsuit, you typically need to show:

  1. Your employer had a duty to keep you safe.
  2. They breached that duty.
  3. The breach caused your injury.
  4. You suffered real harm (like medical costs or lost wages).

TEXAS PROTECTS YOU FROM SOME EMPLOYER DEFENSES (NON-SUBSCRIBER CASES ONLY)

If your employer opted out of workers' comp, they cannot use common defenses like:

  • Claiming your own mistakes caused the injury.
  • Saying you assumed the risk of the job.
  • Blaming a co-worker for your injury.

These defenses are not allowed in non-subscriber cases.

WHAT YOU COULD RECOVER

Depending on your situation, you may be entitled to recover:

  • Medical bills — past and future care.
  • Lost wages from missed work.
  • Pain and suffering, emotional distress, or reduced quality of life.

Workers' comp offers limited benefits. In a successful lawsuit (if allowed), you can recover much more.

WHY YOU SHOULD TALK TO A LAWYER SOONER RATHER THAN LATER

  • Evidence disappears fast — witnesses move, memories fade, records get discarded.
  • Deadlines are strict, and missing one can end your chance at justice.
  • Non-subscriber cases require building a strong case to prove negligence and secure fair compensation.