A serious work injury can end a career, change a family's financial future, and leave an injured worker navigating a legal system designed to limit how much they recover.
Texas is the only state in the country that does not require most private employers to carry workers' compensation insurance. That single fact changes everything about how work injury claims work here, and why getting the right legal help matters so much.
The Calderon Law Firm has helped more than 5,000 Texas families recover after serious injuries. We have secured more than $214 million for our clients. Free case reviews. No fee unless we win.
Call (346) 999-5673 today.
What Makes Texas Work Injury Law Different From Every Other State?
Texas stands alone in the United States. Most states require employers to carry workers' compensation insurance. Texas does not.
This creates a two-track system. Workers injured on the job deal with their employer's coverage status before anything else. An attorney identifies which track applies and what options are available within days of being retained.
What Happens If Your Employer Has Workers' Compensation Insurance?
When your employer is a workers' comp subscriber, the workers' comp system becomes the exclusive remedy against your direct employer. You cannot sue your employer directly for negligence.
Workers' comp pays medical benefits and a portion of lost wages. It does not cover the full value of lost future earning capacity, pain and suffering, or emotional distress. For serious injuries, the gap between what workers' comp pays and the full value of the claim can be significant.
What Happens If Your Employer Does Not Have Workers' Compensation?
If your employer is a non-subscriber, meaning they opted out of the workers' comp system, you can sue them directly for personal injury in Texas civil court.
Non-subscriber employers lose the ability to use three common defenses: that you assumed the risk, that a coworker was negligent, or that you were contributorily negligent. This gives injured workers substantial leverage in non-subscriber cases. An attorney determines your employer's coverage status and advises accordingly.
Can You Sue a Third Party Even If Your Employer Has Workers' Comp?
Yes. Workers' comp only covers your direct employer. If any other party contributed to your injury, such as a general contractor, subcontractor, equipment manufacturer, property owner, or vehicle driver, a separate personal injury lawsuit against that third party is available regardless of whether your employer has workers' comp.
Third-party claims recover everything workers' comp does not: full lost wages, future earning capacity, pain and suffering, and in appropriate cases, punitive damages. An attorney identifies every responsible party from day one.
Call (346) 999-5673 to find out which claims apply to your situation.
What Types of Work Injuries Does The Calderon Law Firm Handle in Texas?
Work injuries in Texas span every industry the state relies on. The Calderon Law Firm handles serious work injury cases across all of them.
Construction and Jobsite Injuries
Texas leads the nation in construction fatalities. Falls from height, scaffolding accidents, crane accidents, electrical strikes, and equipment failures are among the most common and most severe injuries on Texas construction sites.
Oil and Gas Field Injuries
The Texas oil and gas industry employs tens of thousands of workers across West Texas, the Permian Basin, the Eagle Ford Shale, and the Gulf Coast. Blowouts, explosions, chemical exposure, equipment failures, and overexertion injuries create catastrophic risk for workers whose employers often prioritize speed over safety.
Offshore and Maritime Work Injuries
Workers on vessels, platforms, rigs, and docks in the Gulf of Mexico operate under a separate legal framework from standard Texas work injury law. Federal maritime law, including the Jones Act for seamen and the Longshore and Harbor Workers' Compensation Act, known as the LHWCA, governs many of these claims.
An attorney with maritime experience evaluates which law applies and pursues the strongest available claim. The standards, deadlines, and damages available under maritime law differ significantly from standard Texas work injury law.
Highway and Road Construction Zone Injuries
Texas highway construction workers face dangers from passing traffic, heavy equipment, and unprotected work zones. When a motorist enters a construction zone and injures a worker, the motorist's liability insurance and the injured worker's workers' comp coverage may both apply. Third-party claims against negligent drivers are common in highway work zone accidents.
Agricultural Work Injuries
Agriculture is one of the most dangerous industries in Texas, particularly in the Rio Grande Valley, the Panhandle, and Central Texas. Farm and ranch workers often work under conditions exempt from some standard safety regulations. An attorney evaluates what protections apply and what claims are available.
Occupational Disease and Repetitive Stress Injuries
Not every work injury happens in a single moment. Occupational diseases, such as silicosis, asbestosis, hearing loss, and chemical exposure illness, develop over time. Repetitive stress injuries, such as carpal tunnel syndrome and back injuries from sustained lifting, accumulate across a work career.
Texas law allows workers to pursue claims for occupational disease and repetitive stress injuries, but the deadlines and evidence requirements differ from acute injury claims. An attorney evaluates when the injury legally began and protects the claim before the statute of limitations runs.
Can Your Employer Retaliate Against You for Filing a Work Injury Claim in Texas?
No. Texas law and federal OSHA regulations prohibit employer retaliation against workers who report workplace injuries or exercise their legal rights.
Retaliation includes termination, demotion, reduced hours, unfavorable reassignment, or any adverse action taken because you filed a claim or reported an injury.
What Should You Do If Your Employer Retaliates?
Document everything. Keep records of communications, termination notices, schedule changes, and anything your employer says about your injury claim.
Report the retaliation to OSHA through the OSHA whistleblower protection program. OSHA investigates and can order reinstatement, back pay, and other remedies. A retaliation claim can be pursued alongside your underlying work injury case. An attorney evaluates both simultaneously.
What Compensation Can an Injured Texas Worker Recover?
The compensation available depends on whether the claim runs through workers' comp, a direct lawsuit against a non-subscriber employer, or a third-party claim, or some combination of all three.
What Does Workers' Comp Pay in Texas?
Workers' comp in Texas pays up to 70% of your average weekly wage, subject to maximum weekly limits set by the Texas Division of Workers' Compensation. It covers reasonable and necessary medical treatment related to the injury. It does not cover pain and suffering, the full value of future lost earnings, or any non-economic loss.
What Does a Third-Party or Non-Subscriber Lawsuit Pay?
A personal injury lawsuit against a non-subscriber employer or a liable third party can recover the full range of economic and non-economic damages. These include all past and future medical expenses, full lost wages and lost earning capacity, pain and suffering, emotional distress, disfigurement, and in cases of gross negligence, exemplary damages.
The difference in total recovery between a workers' comp claim alone and a comprehensive third-party lawsuit can be enormous for serious injuries. An attorney evaluates the maximum recovery available under all paths before recommending a strategy.
Call (346) 999-5673 for a free case review.
How Long Do You Have to File a Work Injury Claim in Texas?
Deadlines vary depending on the type of claim, and missing any one of them can cost you your right to recover.
For workers' compensation claims, you must report the injury to your employer within 30 days and file a workers' comp claim with the Texas Division of Workers' Compensation within one year of the injury date.
For personal injury lawsuits against non-subscriber employers or third parties, the statute of limitations under Texas Civil Practice and Remedies Code Section 16.003 is two years from the date of the injury, or from the date the injury was discovered in occupational disease cases.
For maritime claims under the Jones Act, the statute of limitations is three years. For LHWCA claims, there are separate notice and filing deadlines.
An attorney identifies every applicable deadline on day one and acts immediately to protect your rights.
What Should You Do After a Work Injury in Texas?
The steps you take in the hours and days after a work injury directly affect your legal options. Here is what matters most.
Report the injury to your employer in writing. Verbal reports can be denied or disputed. A written report with a date creates a record.
Seek medical attention immediately. Delays in treatment give employers and insurers grounds to argue the injury was not work-related or was not as serious as claimed.
Do not give a recorded statement to the workers' comp insurance carrier without speaking to an attorney. Adjusters are trained to ask questions that limit your claim.
Photograph the accident scene, your injuries, and any equipment involved before anything is changed or removed.
Contact The Calderon Law Firm at (346) 999-5673 before accepting any settlement or signing any document from your employer or their insurer.
Ask The Calderon Law Firm
Q: My employer told me I was an independent contractor, not an employee. Does that mean I cannot file a work injury claim?
A: Not necessarily. Texas courts look at the nature of the working relationship, not just how you were classified on paper. If your employer controlled your work, set your hours, provided your tools, or directed how you performed your tasks, you may be legally considered an employee regardless of your 1099 status. An attorney evaluates the facts and advises on your available claims.
Q: I was hurt in a forklift accident at a Texas warehouse. My employer has workers' comp. Can I still sue anyone?
A: Yes. Workers' comp only covers your direct employer. If the forklift was operated by a subcontractor's employee, if the forklift itself was defectively manufactured, or if another company was responsible for maintaining the equipment, a third-party lawsuit against those parties is available in addition to your workers' comp claim. An attorney investigates every party involved on the first day.
Q: My job caused a hearing loss over many years of exposure to loud machinery. Can I still file a claim even though there was no single accident?
A: Yes. Texas allows occupational disease claims for injuries and conditions that developed over time due to workplace exposure. The challenge is establishing when the injury legally began, which affects the statute of limitations. In occupational disease cases, the clock often starts when you discovered or should have discovered the condition. An attorney analyzes your exposure history and medical timeline to protect your claim.
Q: I was injured while driving a company vehicle between job sites in Texas. Who is liable?
A: Potentially multiple parties. If another driver caused the accident, their liability insurance applies. If the company vehicle had a mechanical defect, the manufacturer or maintenance company may be liable. Your employer may also have liability if the vehicle was improperly maintained. An attorney identifies every source of coverage and liability before advising on how to proceed.
Why Texas Workers Trust The Calderon Law Firm
The Calderon Law Firm was built to represent working people across Texas who find themselves up against employers, insurers, and corporations with far more legal resources than they have.
Jose Calderon and our team understand that a serious work injury does not just affect the injured worker. It affects the whole family. We move quickly to preserve evidence, identify responsible parties, and protect your rights before deadlines pass.
We serve clients throughout Texas, including in Houston, the Rio Grande Valley, San Antonio, and across the state's energy, construction, maritime, and agricultural sectors. We handle cases in English and Spanish.
More than 5,000 Texas families have trusted us. We have recovered more than $214 million. No fees unless we win. Available 24/7.
Call (346) 999-5673 for a free case review. Se habla español.
Frequently Asked Questions About Work Injury Claims in Texas
Does it matter whether my injury happened on company property or somewhere else?
No. Texas work injury law covers injuries that occur in the course and scope of employment, regardless of location. If you were performing a work function when you were injured, whether at a job site, in a company vehicle, at a client's facility, or traveling between work locations, the injury likely qualifies as a work injury under Texas law.
What if I was partially at fault for my own work injury?
Under Texas proportionate responsibility law, you can still recover as long as your share of fault is 50% or less. Your recovery is reduced by your percentage of fault, but it is not eliminated. Employers and insurers routinely try to inflate the worker's share of fault. An attorney challenges those assignments with physical evidence and witness accounts.
Can I be fired for filing a workers' comp claim in Texas?
Firing an employee specifically because they filed a workers' comp claim is illegal under Texas Labor Code Section 451. If you were terminated after filing a claim, you may have a separate cause of action for wrongful termination in addition to your underlying work injury claim. An attorney evaluates the timing and circumstances of the termination.
What if my work injury resulted in a permanent disability?
Texas law provides for impairment income benefits and supplemental income benefits within the workers' comp system for workers with permanent impairments. In a third-party or non-subscriber lawsuit, permanent disability is reflected in the lost future earning capacity component of damages, which can be the largest single element of a serious injury case.
Talk to a Texas Work Injury Lawyer at The Calderon Law Firm
A serious work injury is already complicated enough. Figuring out who owes you what, in what order, and before what deadline should not fall on your shoulders while you are trying to recover.
The Calderon Law Firm handles the legal work. You focus on getting better.
Free case review. No fee unless we win. Available 24/7.
Call (346) 999-5673 or contact us online.
6750 W Loop S #920, Bellaire, TX 77401 | (346) 999-5673 | Se habla español.