If you’ve suffered an injury while working at a Texas industrial plant, you’re likely experiencing not just physical pain, but also emotional distress and financial uncertainty.
In Texas, you have two main paths to hold your employer accountable for workplace injuries:
- Employers who opt out of workers’ compensation coverage can be held directly liable through a “non-subscriber” lawsuit.
- Employers with workers’ compensation coverage can still be sued if they were negligent, demonstrating conscious indifference to employee safety.
At Sellers Law Firm, our Fort Worth/Dallas plant injury lawyers have experience in helping injured plant workers navigate complex employer liability cases and fight for the compensation they deserve. Don’t let mounting bills and pressure from your employer overwhelm you — call (817) 928-4222 or schedule a consultation online for a free consultation today.
What is the employer’s responsibility when a worker is injured in Texas?
Under workplace injury laws in Texas, an employer’s responsibilities shift dramatically based on whether they carry workers’ compensation insurance, creating distinct challenges and opportunities for injured workers pursuing compensation.
If your employer has workers’ compensation insurance, they must:
- Report your injury to their insurance carrier within 8 days
- Provide you with information about your rights and benefits
- Not retaliate against you for filing a claim
- Keep detailed records of the incident
- Post required notices about workers’ compensation coverage
- Allow you to seek approved medical treatment
However, if your employer is a non-subscriber (doesn’t carry workers’ compensation):
- They must notify the Texas Department of Insurance of their non-subscriber status
- File an annual notice with TDI about their non-coverage
- Post notices in the workplace informing employees they don’t have coverage
- Maintain their own injury reporting system
- Still provide a reasonably safe workplace under Texas law
Most importantly, all Texas employers, regardless of their insurance status, have fundamental responsibilities to their workers to:
- Maintain a safe working environment
- Provide adequate safety training
- Supply necessary safety equipment
- Follow OSHA regulations and safety standards
- Properly maintain equipment and machinery
- Address known hazards promptly
- Keep accurate records of workplace injuries
If your employer fails to meet these basic responsibilities and you’re injured as a result, you may have grounds for legal action regardless of whether or not they carry workers’ compensation insurance. At Sellers Law Firm, our personal injury lawyers can help determine if your employer fulfilled their legal obligations and fight for the compensation you deserve if they didn’t.
Can I sue my employer for a work injury in Texas?
Yes! While the law can be complex when it comes to workplace injury in Texas, you may have strong legal options available to pursue compensation for your injuries. Let’s examine the two main options for holding employers accountable in Texas plant injury cases.
Non-subscriber cases: When your employer opts out of workers’ comp
When an employer chooses not to carry workers’ compensation insurance in Texas, they become what’s known as a “non-subscriber.” This decision significantly impacts employer liable for employee injury and opens the door to the following consequences:
- You can file a direct lawsuit against your employer
- The employer loses key legal defenses they might otherwise use
You can seek full compensation for all damages, including:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Mental anguish
- Physical impairment and disfigurement
- Wrongful death
To win a non-subscriber case, you need to prove your employer’s negligence contributed to your injury. This could include failures like inadequate safety equipment, poor training, understaffing, or unsafe working conditions.
Gross negligence cases: When your employer shows extreme disregard for safety
Even if your employer has workers’ compensation coverage, you may still have legal recourse if they demonstrated gross negligence. Gross negligence involves:
- Indifference to employee safety
- Disregard for dangerous conditions
- Failing to address severe risks
Examples of gross negligence might include:
- Deliberately disabling safety equipment to increase production
- Forcing employees to work in clearly dangerous conditions
- Repeatedly ignoring serious safety violations
- Failing to provide crucial safety equipment despite known risks
In gross negligence cases, you can pursue compensation beyond what workers’ compensation provides, including exemplary (punitive) damages meant to punish especially bad behavior.
You may also be able to sue your employer for standard negligence if you do not accept the workers’ compensation package that is offered to you. Initial offers and workers’ compensation packages are often low-ball offers. You should always speak to a lawyer before accepting any kind of settlement or compensation, as accepting anything will likely bar you from receiving any other forms of compensation.
What to do after being injured at a Texas industrial plant
The moments following a workplace injury are critical, as the steps you take immediately after your injury can significantly impact both your physical recovery and your ability to receive fair compensation for your injuries.
- Seek immediate medical care: Even if you haven’t suffered a catastrophic injury, get medical attention right away. Some injuries, particularly those involving chemical exposure or head trauma, may not show immediate symptoms. Follow all treatment plans and keep detailed records of your medical care.
- Report and document the incident: File a written report with your supervisor as soon as possible. Take photos of your injuries and the accident scene if you can do so safely. Get contact information from any witnesses, and keep copies of all accident-related paperwork. Start a daily journal documenting your pain levels and how the injury affects your daily life.
- Be cautious with communications: Your words matter after an accident. Avoid giving recorded statements or signing any documents without legal review. Don’t post about your injury on social media, and refrain from discussing fault or apologizing for the accident. Remember that anything you say could potentially affect your case.
- Gather and preserve evidence: Collect relevant documentation, including accident reports, medical records, and photographs. Note the names of any equipment or chemicals involved in your accident. Keep your work clothes and any other items that might serve as evidence. Request copies of your employment records and recent pay stubs.
- Document financial impacts: Keep track of all expenses related to your injury, including medical bills, prescription costs, and lost wages. Save receipts for any out-of-pocket expenses, including transportation to medical appointments and necessary medical equipment or modifications to your home.
The industrial plant injury claims process in Texas is notably complex, particularly when dealing with non-subscriber employers or cases involving gross negligence. These steps are important but they’re just the beginning of what can be a challenging legal journey.
Insurance companies often move quickly to protect their interests, and evidence can disappear or be altered if not properly preserved. That’s why you should consult with an experienced workplace injury attorney who understands the intricacies of Texas plant injury cases. A qualified attorney can help ensure your rights are protected, evidence is preserved, and you receive fair compensation for your injuries.
Ready to hold your employer accountable? Sellers Law Firm is here to help.
Understanding employer liability and holding yours accountable during a Texas plant injury case can be overwhelming, especially when you’re also focusing on your recovery.
At Sellers Law Firm, our experienced plant injury and plant explosion lawyers in Fort Worth/Dallas are ready to evaluate your case and explain your legal options. We’ve helped injured workers secure the compensation they deserve, and we’re prepared to put that experience to work for you.
Don’t let questions about your rights or concerns about medical bills keep you from seeking justice. Call (817) 928-4222 or schedule a consultation today for a free, no-obligation case review.
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