Work Injuries

14 Apr 20257 min read

When to Get a Lawyer for a Work Injury

Jose Calderon Founder and Trial Attorney

Jose Calderon

Founder and Trial Attorney

When to Get a Lawyer for a Work Injury

Workplace injuries can unravel your life in an instant. Even minor injuries can leave workers with mounting medical bills, lost income, and the financial and emotional burdens that come with not being able to support one’s family. In Texas, your options after a work injury largely depend on whether your employer carries workers' compensation insurance.

If you’re wondering when to get a lawyer for a work injury and your employer doesn’t offer workers’ compensation, the answer is NOW. If they do offer workers’ compensation, you may still want to discuss your options with a personal injury lawyer to make sure you get what you deserve. 

Making informed decisions after a work injury can mean the difference between being stuck with a low-ball offer and securing the compensation that you and your family truly deserve. Keep reading about your legal options after a work injury, or if you or a loved one has been injured, contact trusted Houston personal injury lawyer Jose Calderon today at (346) 999-5673 to protect your family. 

Do you need a lawyer for a workers' comp settlement?

While not every workers' compensation claim will require having a lawyer, having an experienced attorney by your side can significantly impact the outcome of your settlement. Workers' compensation is designed to provide medical coverage and partial wage replacement, but the system has some limitations that could affect your long-term recovery.

In Texas, employers aren’t required to carry workers’ compensation insurance, so you may not even be eligible for a workers’ compensation claim. If you don’t, you should call a personal injury lawyer immediately — but even if your employer does carry workers’ compensation, you should call a work injury lawyer under the following circumstances:

  • Your employer or their insurance company has denied your claim
  • Your injuries are severe or might result in permanent disability
  • A loved one lost their life in a work accident, necessitating a wrongful death claim
  • The settlement offer doesn't cover all your medical expenses and lost wages
  • There are potential third-party claims involved in your workplace injury

When to hire a lawyer for a work injury

It can be difficult to know what to do next after suffering an injury at work. While there are countless reasons why you might want to protect your interests with a work injury lawyer, some of the most common reasons might include: 

  1. Your employer doesn’t carry workers’ compensation insurance. If your employer is a non-subscriber to workers' comp in Texas, you'll likely need to pursue a personal injury lawsuit directly against them — a process that will require a work injury lawyer.
  2. Gross negligence or intentional harm occurred. Even if your employer has workers' comp coverage, Texas law may allow you to file a lawsuit in cases where gross negligence or intentional harm caused your injury.
  3. Third parties contributed to your injury. If contractors, equipment manufacturers, property owners, or other third parties played a role in causing your accident, you may have grounds for additional claims beyond workers' comp. Identifying third-party negligence and gathering evidence to support it will inevitably require a skilled work injury lawyer. 
  4. Your claim has been denied or unnecessarily delayed. Insurance companies often deny legitimate claims or delay processing, hoping workers will give up or accept less. An attorney can challenge these tactics and fight for what you deserve.
  5. You have preexisting conditions. Insurance companies and employers often use preexisting conditions as a reason not to give you the settlement you need. Any workers with preexisting conditions should consider hiring an attorney to protect their interests. 
  6. You’re unable to get the help you need. If you suspect the compensation offered doesn't reflect the true impact of your injuries, an attorney can evaluate your case and negotiate for fair treatment.
  7. You’re facing serious or permanent injuries. Cases involving significant injuries, disability, or long-term medical care need careful valuation to ensure compensation covers future needs, as settlements and early offers rarely figure in the true cost of long-term treatment.

Remember that time is critical in work injury cases. Evidence disappears quickly, witness memories fade, and strict deadlines apply to both workers' comp claims and personal injury lawsuits. Consulting with an attorney as soon as possible after an injury gives you the best chance at getting what you deserve.

Is it too late to get a work injury lawyer?

While timing matters immensely in work injury cases — and earlier is always better — unless you’ve already accepted a workers’ compensation settlement, you likely still have time to contact a work injury lawyer. There are a few important deadlines involved with most work injury cases in Texas.

  • For workers' compensation claims in Texas you must report your injury to your employer within 30 days.
  • You must file a formal workers' compensation claim within one year of the injury.
  • Texas enforces a two-year statute of limitations from the date of your work injury for personal injury lawsuits.
  • Maritime claims under the Jones Act or Longshore and Harbor Workers' Compensation Act may allow you up to three years from the date of your injury to file.

If you're wondering whether it's too late for your specific case, the best approach is to schedule a free consultation with a Houston work injury attorney who can evaluate your situation and tell you what your options may be.

What is the most common workers' comp claim?

There are certain injuries that occur with more frequency than others, whether your injury becomes a workers’ compensation claim or a personal injury lawsuit. Some of the most common work injuries for which people pursue compensation include the following. 

  • Slip and fall accidents consistently rank among the most common workers' compensation claims across all industries. Whether from wet floors, obstructed walkways, poor lighting, uneven surfaces, or improper maintenance, slip and falls can cause serious injuries that lead to significant medical expenses and lost work time.
  • Repetitive stress injuries are another major category of workers' comp claims. Most often, back injuries from heavy lifting, tendonitis, bursitis, and knee and rotator cuff injuries, these injuries have the capacity to keep workers from their jobs for long periods of time. 
  • Struck-by injuries occur when workers are hit by falling objects, moving equipment, or vehicles and are particularly common in construction, warehousing, and manufacturing environments.
  • Machinery accidents are prevalent despite strict safety regulations. Workers often suffer injuries from inadequately guarded equipment, improper training, and mechanical failures.
  • Chemical exposure and burns are common in Texas in the petrochemical and oil and gas industries. Burns and chemical exposure often cause long–term health complications that do not present themselves fully for many years. 

No matter how minor or straightforward you believe your injury to be, if it has the potential to keep you from working, then it is a serious injury. 

How much do most injury lawyers charge?

The majority of work injury attorneys, including those at Calderon Law Firm, operate on a contingency fee arrangement. This means:

  • The attorney only gets paid if they successfully recover compensation for you
  • Their payment comes as a percentage of your settlement or court award
  • If you don't receive compensation, you owe nothing for their services

It is a common misconception that injury lawyers take money that would otherwise be part of your settlement. The truth is that without a quality work injury lawyer, you have little chance of identifying all potential sources of compensation, properly valuing your claim, and negotiating effectively with insurance companies and opposing counsel. You’ll more than likely be stuck with a low-ball offer that doesn’t come close to compensating you fairly. 

What to look for in work-related injury lawyers in Houston

Your choice of injury attorney can impact your settlement, the quality of your recovery, and your family’s future — it’s a huge decision, but how do you know who to pick? 

Specialized experience

Look for attorneys who focus specifically on workplace injury cases. Specialists understand the nuances of workers' compensation, non-subscriber claims, and third-party liability issues unique to workplace accidents.

Trial experience 

Even if most cases settle, you want an attorney who has successfully taken cases to trial. If an attorney cannot eventually go to trial to defend your rights, they may not secure the best possible settlement offers.

Record of success 

What former clients say about their experience reveals much about how the attorney treats clients and handles cases. Look for patterns in reviews about responsiveness, compassion, and results.

Industry knowledge

Look for attorneys who have taken cases within your specific industry, whether oil and gas, construction, manufacturing, or healthcare. Understanding industry-specific hazards, regulations, and practices strengthens your case.

Communication and fit

Choose an attorney who explains complex legal concepts clearly, responds promptly to your questions, and keeps you informed throughout the process. How you feel during your consultation can tell you a lot. 

Most personal injury attorneys offer free consultations — use them. The right attorney will be honest about your case's strengths and challenges and will make you feel you belong there. As our founder Jose Calderon likes to say, if we take your case, it’s because we think we can win it. 

Looking for a personal injury lawyer for work injury? Calderon Law Firm has your back. 

Workplace injuries can devastate your physical health, emotional well-being, and your family’s financial security. The ripple effect of a work injury can carry into the far corners of your life, so don’t accept less than you deserve.

If you’re wondering when to get a lawyer for a work injury, you could likely benefit from a free consultation with a Houston work injury lawyer from Calderon Law Firm. Our approach combines aggressive representation with genuine compassion for the challenges you're facing. We're not just handling your case — we're helping you rebuild your life.

Whether you’re looking for an attorney after a Houston plant explosion or need compensation after an offshore accident, Jose Calderon is here for you. Call Calderon Law Firm for a free consultation today at (346) 999-5673 or contact us online to protect your family’s future. 

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Work Injuries

Jose Calderon Founder and Trial Attorney

Jose Calderon

Founder and Trial Attorney

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