Texas Workplace Injury Lawyer
Texas is unusual: employers can choose whether to participate in workers' compensation. That choice — and what it means for your claim — changes the lawsuit you can bring, the damages you can recover, and the strategy you should use. Workers' comp isn't the only option.
No fee unless we win. Available 24/7. Same-day response.
What to do after a workplace injury in Texas
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Report the injury, in writing, immediately.
Texas requires that you report workplace injuries to your employer within <strong>30 days</strong>. In writing — keep a copy. Verbal reports get 'forgotten' when claims time comes.
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Get medical care from someone you trust.
If your employer is in the workers' comp system, you may be required to see a designated provider. But you have rights to get a second opinion. If they're a non-subscriber, you may go anywhere.
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Don't sign a 'release' before you understand it.
Some employers will offer a quick payment in exchange for signing a release of all claims. That can permanently bar you from suing for the actual damages your injury will cost. Have a lawyer review it first.
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Identify everyone who might be responsible.
On a construction site, that might include subcontractors, the general contractor, equipment manufacturers, property owners, and others — not just your direct employer. Third-party claims are often where the real recovery is.
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Call before the comp deadline runs.
Workers' comp claims have a one-year filing deadline in Texas. Third-party injury claims have two years. Different deadlines for the same incident — don't miss either.
Subscribers, non-subscribers, and third-party claims
The most important fact about your Texas workplace injury claim is whether your employer is a workers' compensation subscriber or non-subscriber. The answer dictates everything else.
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Subscriber employers
Have workers' comp coverage. You generally cannot sue your employer in tort, but you receive medical and lost-wage benefits regardless of fault. You can still sue third parties (subcontractors, equipment manufacturers, etc.).
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Non-subscriber employers
Have NO workers' comp coverage. You CAN sue them directly for negligence — and they lose key defenses like contributory negligence. Damages are uncapped. This is often a much better path than comp.
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Third-party claims
Even if you have workers' comp, you can sue any non-employer whose negligence caused your injury — equipment manufacturers, subcontractors on the same job, motor vehicle drivers, premises owners, and so on.
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The Jones Act and federal claims
Maritime workers, railroad workers, and certain federal employees have specialized claim processes. Kent has handled federal-jurisdiction injury cases throughout his career.
Why Kent for workplace injuries
Workplace cases reward lawyers who can read complex contractual relationships and figure out who's actually responsible. Kent's tax LLM and contracts background — combined with three decades of trial work — gives him an edge in the kind of multi-defendant industrial cases that arise on Texas construction sites and oil-field operations.
Multi-defendant case experience
Construction and industrial cases routinely involve 3–5 named defendants. Kent has tried them.
Federal court when needed
Cases involving railroad, maritime, or federal contractors often land in federal court. Kent's argued in the Fifth Circuit.
Spanish-speaking staff
Many of our workplace clients work in industries where Spanish is the primary language. We can take your call, hold the consultation, and run your case in Spanish.
Talk to Kent about your workplace injuries case.
Free consultation. No fee unless we win. Same-day response.
Workplace Injuries — frequently asked questions
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Can I sue my employer in Texas if I'm hurt at work?
It depends on whether your employer subscribes to workers' compensation. If they're a non-subscriber (no comp), you can sue them directly for negligence. If they're a subscriber, you generally can't — but you can sue any third party (subcontractor, equipment manufacturer, driver) whose negligence contributed to your injury.
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Should I file workers' comp or sue?
If your employer has workers' comp and the only negligent party was your employer, comp is usually the only path. But many workplace injuries involve a third party — and those claims often produce far more compensation. We'll help you figure out which option, or both, applies.
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What if I'm undocumented?
You still have the right to recover for workplace injuries in Texas. Your immigration status is generally not admissible in your injury claim and is not a basis for the employer to escape liability.
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How long do I have to file?
Workers' comp claims have a one-year deadline. Personal injury (third-party) claims have two years. Some federal claims have shorter deadlines. Don't wait to find out which applies — call us.