Most injured workers assume they have no choice but to go through workers’ compensation. In Texas, that assumption can cost you significantly.
Texas is the only state in the country that does not require private employers to carry workers’ compensation insurance. When an employer opts out of the system, injured workers can file a direct personal injury lawsuit against that employer, with access to a broader set of damages and without the limitations that workers’ compensation imposes.
Even when an employer does carry workers’ comp, a third-party lawsuit against an equipment manufacturer, a contractor, or another negligent party may be available alongside the comp claim.
George Salinas Injury Lawyers represents injured workers in San Antonio. We understand both paths and which one produces the best outcome for your specific situation. Call (210) 225-0909 for a free consultation.
Resources On This Page
- How Does Texas’s Workers’ Compensation System Work Differently Than Other States?
- Do You Know Whether Your Employer Is a Non-Subscriber?
- What Are the Most Common Workplace Accidents in San Antonio?
- What If I Was Misclassified as an Independent Contractor?
- How Does an OSHA Violation Affect Your Workplace Injury Claim?
- How Long Do You Have to File a Workplace Accident Claim in Texas?
- Ask George Salinas Injury Lawyers
- George Salinas Injury Lawyers Fights for Injured Workers Across San Antonio
- Frequently Asked Questions About Workplace Accidents in San Antonio
- Know Your Options Before You Settle for Less
How Does Texas’s Workers’ Compensation System Work Differently Than Other States?
Texas is unique in the United States because it is the only state that allows private employers to choose whether or not to carry workers’ compensation insurance. This creates two very different legal paths for injured workers, depending on whether their employer is a “subscriber” or a “non-subscriber.”
1. Texas Non-Subscriber Employers: The Right to Sue
Many employers in Texas opt out of the state’s workers’ compensation system; these are known as non-subscribers.
When a non-subscriber employer’s negligence leads to an injury, the worker is not restricted to the limited benefits of a traditional comp claim. Instead, the injured employee can file a direct personal injury lawsuit. This path offers significant advantages:
Full Damages: You are not limited by benefit caps and can seek full compensation for pain and suffering, mental anguish, and impairment.
Exemplary Damages: In cases involving gross negligence, you may be eligible for punitive damages.
Limited Defenses: Non-subscriber employers lose the ability to use several traditional legal defenses that would normally protect them in litigation.
2. Texas Subscriber Employers and the DWC Process
Employers who choose to carry workers’ compensation insurance do so through the Texas Department of Insurance, Division of Workers’ Compensation (DWC).
If your employer is a subscriber, you must file a claim through the DWC system. While this process guarantees medical care and a portion of your lost wages, it comes with strict limitations:
No Pain and Suffering: The system does not provide compensation for non-economic damages like emotional distress or physical pain.
Benefit Caps: Compensation is strictly regulated and capped by state law.
3. Important: The Third-Party Claim Exception
Regardless of whether your employer is a subscriber or a non-subscriber, you may still be able to pursue a third-party claim if someone other than your employer caused your injury.
If an equipment manufacturer produced a defective product, a property owner failed to maintain a safe environment, or a subcontractor’s negligence contributed to the accident, these parties may be held liable in a separate lawsuit. An attorney can evaluate your incident to determine if you have a viable third-party claim in addition to your workers’ compensation benefits.
Do You Know Whether Your Employer Is a Non-Subscriber?
Employers are required to notify workers if they do not carry workers’ compensation insurance, but that notice is not always clearly communicated or understood. According to the Texas Department of Insurance, a significant percentage of Texas private employers are non-subscribers.
The non-subscriber status of your employer determines which legal path is available to you. An attorney confirms your employer’s status and identifies which path produces the strongest recovery before you take any action.
Call (210) 225-0909 if you are unsure whether your employer carries workers’ compensation.
What Are the Most Common Workplace Accidents in San Antonio?
Workplace accidents can happen in the blink of an eye, often leaving employees with debilitating injuries and overwhelming financial burdens. In San Antonio, our firm frequently sees the same patterns of accidents recurring across various industries. From falls and equipment malfunctions to repetitive stress injuries, identifying the most common types of incidents can help you understand the strength of your potential claim and your rights under Texas law.
Construction Accidents
San Antonio’s construction boom, driven by military base expansion at JBSA Lackland and Fort Sam Houston, commercial development along the US-281 and Loop 1604 corridors, and residential growth in the northwest suburbs, puts a large number of construction workers at risk every day. Falls from heights, scaffolding collapses, crane and heavy equipment accidents, electrical contact injuries, and trench collapses are among the most serious workplace accidents in the construction industry.
Forklift and Heavy Machinery Accidents
Warehouse operations, manufacturing facilities, and distribution centers throughout the South Side and the Port San Antonio industrial corridor expose workers to forklift collisions, conveyor belt injuries, and heavy machinery malfunctions. When defective equipment caused or contributed to the accident, the manufacturer may be liable in a product liability claim alongside or independent of the employer’s responsibility.
Slip, Trip, and Fall Injuries at Work
Falls are the leading cause of workplace injury and death across most industries. Wet floors, uneven surfaces, unmarked changes in elevation, inadequate lighting, and cluttered walkways are common causes of falls that employers have an obligation to address. OSHA standards establish specific requirements for walking surfaces, floor openings, and fall protection.
Chemical and Toxic Exposure
Workers in manufacturing, agriculture, and certain service industries may be exposed to hazardous chemicals through inadequate safety protocols, missing protective equipment, or improper chemical storage. Chemical exposure injuries can be difficult to link to a workplace cause, particularly when symptoms develop gradually. An attorney works with occupational health experts to establish the causal connection.
What If I Was Misclassified as an Independent Contractor?
Some employers label workers as independent contractors to avoid the cost of workers’ compensation and to limit liability. Texas courts look at the actual working relationship to determine whether a worker was truly independent or functionally an employee.
Factors that indicate an employment relationship include whether the employer controls how the work is performed, not just the result, whether the worker uses the employer’s tools and equipment, whether the work is part of the employer’s regular business, and whether the relationship is permanent or indefinite.
When a worker is misclassified as a contractor to avoid workers’ comp, an attorney challenges the classification. Establishing employee status can open the non-subscriber route to full personal injury damages, which produces significantly better outcomes than accepting a workers’ comp-limited recovery.
How Does an OSHA Violation Affect Your Workplace Injury Claim?
When an employer violated an OSHA safety standard and that violation caused or contributed to your injury, the citation is powerful evidence of negligence in a personal injury claim. OSHA’s investigation creates an official record that documents the violation, the standard that applied, and the circumstances of the accident.
An OSHA citation is not the same as establishing liability in a civil case, but it changes the negotiating dynamic significantly. An attorney uses OSHA records, site inspection reports, and violation histories to build a negligence case that stands up to the employer’s insurer and defense team.
How Long Do You Have to File a Workplace Accident Claim in Texas?
Two years from the date of the injury for personal injury claims under Texas Civil Practice and Remedies Code §16.003. Workers’ compensation claims have separate filing deadlines through the DWC system.
Workplace accident scenes are often modified within hours for safety or operational reasons. Physical evidence, witness statements from coworkers, and equipment condition documentation are strongest when collected immediately.
Ask George Salinas Injury Lawyers
Q: My employer says I have to file through workers’ comp and cannot sue them. Is that true?
A: It depends on whether your employer is a subscriber. If your employer carries workers’ comp insurance, the compensation system is generally your exclusive remedy against the employer. However, it is not your exclusive remedy against third parties who contributed to your injury, and there are exceptions when the employer’s conduct was intentional. If your employer is a non-subscriber, you have the right to file a direct personal injury lawsuit. An attorney determines which applies to your situation.
Q: I was hurt because a piece of equipment failed. Who is responsible, my employer or the manufacturer?
A: Potentially both. Your employer may be liable for failing to maintain the equipment properly or for knowingly using defective machinery. The manufacturer may be liable for a design or manufacturing defect in the equipment itself. These are separate claims that can be pursued simultaneously. An attorney investigates the equipment’s history and the failure’s cause to identify every responsible party.
Q: I’m afraid of retaliation from my employer if I make a claim. What are my protections?
A: Texas law prohibits employers from retaliating against employees for filing workers’ compensation claims or pursuing personal injury claims related to workplace injuries. If an employer fires, demotes, or otherwise punishes an employee for asserting their legal rights after a workplace injury, that retaliation is itself an additional legal claim. An attorney can advise you on how to protect yourself while pursuing your injury recovery.
Q: My coworker also contributed to my accident. Can I sue them?
A: Generally, coworker liability is limited in Texas when a workers’ comp claim is available, but there are circumstances where a coworker’s grossly negligent conduct creates additional exposure. Third parties who are not your employer or coworker, including contractors, equipment owners, and property owners, can be sued directly regardless of the workers’ comp system. An attorney evaluates the full picture of who contributed to your injury.
Meet Our Top-Rated San Antonio Workplace Accident Attorneys
George Salinas Injury Lawyers Fights for Injured Workers Across San Antonio
Our $4.675 million jury verdict in a work accident case is an example of what aggressive, thorough representation produces for injured workers. We have recovered millions for workers hurt in construction accidents, heavy equipment incidents, and other workplace injuries across Bexar County.
We know the construction industry. We know the industrial corridors. We know which employers are non-subscribers. And we know how to use Texas law to get the most out of every viable claim.
$100M+ recovered. 110+ years of combined experience. No fee until we win.
Call (210) 225-0909. Available 24/7.
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Frequently Asked Questions About Workplace Accidents in San Antonio
Can I file a workers’ comp claim and also sue in court at the same time?
When your employer carries workers’ comp, you generally cannot also sue the employer in court. But you can simultaneously pursue the workers’ comp claim against your employer and a personal injury lawsuit against third parties, such as equipment manufacturers or subcontractors, who contributed to the injury. An attorney coordinates both to produce the best combined recovery.
What if my employer pressured me into signing a document saying I wasn’t hurt?
Signed statements made under pressure from an employer do not necessarily bar a later injury claim. The timing and circumstances of the signature, your actual medical condition at the time, and whether you fully understood what you were signing are all relevant. An attorney evaluates whether the document can be challenged and how it affects your available claims.
Does it matter that I didn’t report the injury to my employer right away?
Late reporting can complicate a claim but does not automatically bar it. Workers’ comp systems have specific reporting requirements that vary. Personal injury claims have their own timeline based on the injury date. An attorney evaluates how the delay affects your specific claim and addresses it proactively in the case strategy.
What if my injury developed gradually over time rather than from a single incident?
Occupational diseases and cumulative injuries, such as repetitive motion injuries, hearing loss from noise exposure, or respiratory conditions from chemical exposure, are recognized as compensable injuries in Texas. The onset date and causation analysis are more complex for gradual injuries, but they are not automatically excluded. An attorney works with occupational health experts to establish the connection between work conditions and the diagnosed condition.
Know Your Options Before You Settle for Less
Workers’ compensation is not always your only option. And even when it is the primary path, it is often not the only one.
A free consultation with George Salinas Injury Lawyers tells you exactly where you stand.
Free consultation. No fee until we win. Available 24/7.
Call (210) 225-0909. | George Salinas Injury Lawyers | 6243 I-10 Ste. 955, San Antonio, TX 78201