The safety of every employee should be the highest priority for employers, as a healthy workforce leads to business success. However, workplace accidents remain inevitable. Regardless of the industry; be it construction, retail, or anything in between, workplace injuries are an unfortunate and often unavoidable part of daily operations. In this blog post, we will discuss Personal Injury in the Workplace in Texas.
If you’ve been injured on the job, the last thing you should have to worry about is navigating a complex claims process, dealing with unresponsive insurance companies, or struggling financially while you recover.
Common Causes of Personal Injury in the Workplace in Texas
Each year, thousands of Texas workers suffer injuries on the job. These incidents can have life-altering consequences not only for the injured worker but also for their entire family. Workplace accidents occur across virtually every industry and can stem from a wide variety of causes. Some of the most frequent include:
- Vehicle-Related Accidents: Employees who drive for work or operate around industrial vehicles face a heightened risk of collisions. Transportation-related incidents account for over 50,000 injuries annually; approximately 5.6% of all nonfatal workplace injuries.
- Slips, Trips, and Falls: Due to their unpredictable nature and numerous causes, these incidents are among the most common and are considered nearly unavoidable in many work environments.
- Falls from Heights: Common on construction sites, these accidents involve workers falling from ladders, scaffolding, rooftops, beams, and other elevated workspaces.
- Machinery and Equipment Accidents: Even when used properly, heavy machinery can be hazardous. Malfunctions, inadequate training, or lack of maintenance often lead to serious injuries.
- Struck by Falling or Moving Objects: One of OSHA’s “Fatal Four” hazards, this type of incident is a leading cause of fatal construction site injuries.
- Repetitive Stress Injuries: Known as cumulative trauma disorders, these develop over time from repeated motions or strain. They are especially common among factory workers, healthcare staff, and construction laborers.
- Toxic Exposure: Exposure to harmful substances such as chemicals, noise, radiation, or extreme temperatures can lead to both immediate and long-term health issues.
Common Types of Personal Injury in the Workplace in Texas
Workplace accidents can result in a wide range of injuries, some of which may be catastrophic or permanent. Among the most frequently reported are:
- Broken bones and fractures
- Traumatic brain injuries (TBI) and head trauma
- Spinal cord injuries
- Burns (chemical, thermal, or electrical)
- Amputations and loss of limbs
- Muscle strains, sprains, and tears
- Cuts, lacerations, and puncture wounds
- Contusions and bruises
- Electric shock and electrocution
- Eye injuries
- Paralysis
Compensation Available for Workplace Injury Victims in Texas
If you’ve been injured on the job in Texas, you may be entitled to compensation through workers’ compensation, a personal injury lawsuit, or, in some cases, both. The type of compensation available depends on whether your employer participates in the state’s workers’ compensation system and the circumstances surrounding your injury.
Workers’ Compensation Benefits
For employers who are subscribers to the Texas workers’ compensation system, injury claims are handled through the Division of Workers’ Compensation, with benefits regulated by the Texas Department of Insurance. This no-fault system provides several types of benefits:
- Medical Benefits: Covers necessary and reasonable medical care related to your workplace injury.
- Temporary Income Benefits (TIBs): Helps replace a portion of your wages while you recover. Typically, this equals 70–75% of your average weekly wage, up to a weekly maximum. These benefits can last up to 104 weeks, with possible extensions for specific surgeries like spinal procedures.
- Impairment Income Benefits (IIBs): If your injury results in a permanent impairment, you may receive compensation equal to 70% of your average weekly wage for three weeks per percentage point of impairment (as rated by your doctor after reaching Maximum Medical Improvement).
- Supplemental Income Benefits (SIBs): Available after IIBs expire, for workers with an impairment rating of 15% or higher who are unable to earn at least 80% of their pre-injury wages. These may be paid for up to 401 weeks.
- Lifetime Income Benefits (LIBs): Reserved for catastrophic injuries such as total and permanent paralysis, severe brain injury, or the loss of two limbs. These benefits provide long-term financial support.
- Other Benefits: May include vocational rehabilitation and death benefits for families who lose a loved one in a workplace accident.
Note: While workers’ compensation covers many costs, it does not provide for non-economic damages such as pain and suffering.
Personal Injury Claims for Workplace Injuries
In some cases, you may be eligible to file a personal injury lawsuit in addition to, or instead of, a workers’ compensation claim:
- If your employer is a non-subscriber (i.e., opted out of the workers’ comp system)
- If a third party’s negligence; such as a contractor, equipment manufacturer, or driver – caused your injury
Through a personal injury lawsuit, you may be able to recover a broader range of damages, including:
- Past and future medical expenses
- Lost earning capacity or long-term disability
- Pain and suffering
- Mental anguish and emotional distress
- Punitive damages (in cases of gross negligence or misconduct)
Time Limits to File a Workplace Injury Claim in Texas
If you’ve been injured on the job, it’s critical to act quickly to protect your right to compensation. In Texas, your legal options and deadlines depend on the nature of your claim.
Workers’ Compensation Deadlines:
- Report the Injury: You must notify your employer within 30 days of your injury or diagnosis of a work-related illness.
- File a Claim: You have up to one year from the date of injury to file a formal claim for workers’ compensation benefits with the Division of Workers’ Compensation.
Personal Injury Lawsuit Deadlines:
If your injury was caused by a third party or a non-subscriber employer, you may file a personal injury lawsuit. Texas law imposes a two-year statute of limitations from the date of the accident to file your claim in court.
Final Thought on Personal Injury in the Workplace in Texas
Every Texas worker deserves a safe workplace and should not have to bear the financial and emotional costs of a workplace injury alone. Regardless of the industry, every employee in Texas has the right to a safe, hazard-free work environment. When employers neglect safety protocols or cut corners to protect profits, they place their workers at serious risk.
If you or a loved one has suffered a serious injury—or worse, a fatality—in a workplace accident, you may be entitled to financial compensation. In many cases, your options extend beyond the Texas Workers’ Compensation system, especially if negligence or third-party liability played a role.
Speak With a Houston Workplace Injury Attorney Today
At The Law Office of Udo Ezeamama, our Houston personal injury attorneys are here to guide you through every step of your work injury claim. We fight to secure the compensation you deserve so you can focus on healing and rebuilding your life. Whether it means filing for workers’ comp, appealing a denied claim, or taking legal action outside the system, we are committed to helping you pursue the compensation you’re entitled to.