McAllen Workplace Injury Lawyer

Workplace accidents involving flash fires, hot liquids, electrical equipment, or hazardous chemicals can result in serious burns. Employees who suffer workplace burn injuries may need extensive treatment and rehabilitation. Depending on the circumstances, workers’ compensation benefits or a claim against a responsible third party may be available.

How Texas Law Affects Your Workplace Injury Case

Texas is the only state in the country that allows most private employers to opt out of workers’ compensation insurance entirely, and it changes the legal picture for injured workers in ways most people do not expect.

If your employer carries workers’ compensation, you file a claim through the state system and receive benefits without proving fault. You generally cannot sue your employer directly.

If your employer opted out, you may be able to file a personal injury lawsuit against them instead. Texas law calls these employers “non-subscribers,” and we explain how that affects your rights in the section below. You can also read our guide on how workers’ compensation works for a fuller explanation of the state system.

Two deadlines apply to nearly every workplace claim in Texas, and the first requires you to report the injury to your employer within 30 days. You then have two years from the date of the injury to file a lawsuit under Section 16.003 of the Texas Civil Practice and Remedies Code, a deadline known as the statute of limitations.

Texas also follows a rule called modified comparative negligence, which means a jury will reduce your award by your percentage of fault. If you are found more than 51 percent responsible, you recover nothing at all.

Can I Sue My Employer for a Workplace Injury in Texas?

Yes, you may be able to sue your employer directly if they are a non-subscriber, as explained in the section above. Nearly 30 percent of Texas employers fall into that category, and when yours is one of them, the workers’ compensation system does not apply to your injury at all.

We know how frightening it is to face lost wages and medical bills while you are still healing, and you deserve clear, honest answers about every option available to you.

Even if your employer does carry workers’ compensation, other parties whose negligence contributed to your injury, such as contractors, equipment manufacturers, or property owners, may still be liable. Our post on suing an employer for negligence covers the full range of scenarios.

Non-Subscriber Employers

A non-subscriber employer loses powerful legal protections under Section 406.033 of the Texas Labor Code. It can no longer argue that you assumed the risk of the job or that a coworker’s negligence caused the accident. Those defenses are simply unavailable to the employer in court.

The burden on you is also lower than in a typical negligence case. You only need to prove that the employer was one percent at fault to hold it responsible for your damages. That reduced standard gives injured workers a real advantage, and the resulting award often exceeds anything the workers’ compensation system would have provided.