Call (866) 259-1910 to Speak With Texas Workplace Accident Lawyers
While certain jobs pose obvious dangers, there is no such thing as a workplace that is 100% accident free. After sustaining a workplace injury, things can become complicated very quickly. For most injuries, you will have the opportunity to seek compensation through workers’ compensation. However, workers’ compensation insurance companies and even your employer may engage in certain tactics to delay the process and pay you less than what you may deserve. The best way to ensure that your rights are protected is to hire the right Texas workplace accident lawyers.
If you or a family member was injured in a workplace accident, call (866) 259-1910 to speak with our team.
Types of Workplace Accident Claims We Handle in Texas
Though some workplaces are more dangerous than others, injuries can happen in any kind of setting. Workplace accidents happen every single day in all kinds of different job sites. Most lead to relatively small bumps and bruises, but others can have catastrophic effects. Some of the more commonly experienced workplace accidents include:
Construction Accidents
Construction is one of Texas’s largest industries and one of its most dangerous. OSHA identifies four leading causes of construction fatalities, such as falls, struck-by incidents, caught-in/between accidents, and electrocution, collectively known as the Fatal Four. When a worker is hurt on a job site, liability can extend beyond the direct employer to general contractors, site owners, subcontractors, and equipment manufacturers depending on who controlled the conditions that caused the accident.
Our attorneys investigate site safety records, OSHA violation histories, and contractor relationships to identify every responsible party. Texas law allows injured construction workers to pursue both workers’ compensation claims and third-party personal injury lawsuits in many situations.
Heavy Equipment Injuries
Excavators, cranes, bulldozers, backhoes, and other heavy machinery create serious hazards for operators and nearby workers alike. Equipment rollovers, tip-overs, and crush injuries can cause catastrophic harm that leads to permanent disability or death. Liability may fall on the employer for inadequate training or maintenance, or on the equipment manufacturer if a defect contributed to the accident.
Our attorneys review maintenance logs, operator certifications, and equipment inspection records when evaluating heavy equipment claims.
Scaffolding Accidents
Scaffolding failures are among the most preventable and most deadly accidents on Texas construction sites. OSHA regulations under 29 CFR 1926.451 set strict requirements for scaffold construction, load capacity, guardrails, and fall protection. When scaffolding collapses, planks give way, or workers fall because required safety systems were missing, employers and contractors face direct liability.
Falling objects from scaffolding also injure workers and bystanders below. Our attorneys examine whether scaffold assembly met OSHA standards and whether site supervisors identified and ignored hazards before the accident occurred.
Forklift Accidents
Forklifts are involved in approximately 85 fatal workplace accidents and nearly 35,000 serious injuries each year in the United States, according to OSHA. Tip-overs, struck pedestrians, and falling loads account for the majority of forklift fatalities. Texas employers are required to certify all forklift operators and ensure equipment is inspected before each shift.
When an accident occurs because an operator was untrained, a forklift was poorly maintained, or a warehouse was not configured to OSHA standards, the employer bears direct responsibility. Our attorneys handle forklift injury claims in distribution centers, manufacturing plants, construction sites, and warehouses across Texas.
Industrial Fire and Explosion Injuries
Industrial fires and explosions in Texas facilities cause severe burns, blast trauma, inhalation injuries, and deaths. These accidents occur most often at petrochemical plants, refineries, manufacturing facilities, and agricultural operations where flammable materials, pressurized systems, and hot work operations create constant fire risk. Causes include equipment failure, improper storage of flammable materials, failure to obtain hot work permits, and violations of process safety management standards.
Texas’s petrochemical corridor along the Gulf Coast is among the most active industrial zones in the world, and its injury history reflects that risk. Our attorneys work with fire investigators and safety engineers to establish how an industrial fire or explosion occurred and who is responsible for the resulting injuries.
Oilfield Injuries
Texas is the largest oil-producing state in the country, and the oilfield industry carries some of the highest injury and fatality rates of any workplace in Texas. Drilling rig accidents, blowouts, falls from derrick structures, hydrogen sulfide gas exposure, and equipment failures all pose serious risks to workers across the Permian Basin, Eagle Ford, and other producing regions. A single oil and gas well site typically involves multiple employers, like the operator, the drilling contractor, and various service companies, which means liability may be shared across several parties.
Many oilfield workers are classified as independent contractors rather than employees, which affects workers’ compensation eligibility. In those cases, a personal injury lawsuit against the operator or a third party may be the primary path to full recovery. Our attorneys understand the structure of Texas oilfield operations and know how to identify all responsible parties after a well site accident.
Oil Refinery Accidents
Texas operates more oil refineries than any other state, with major facilities concentrated around the Houston Ship Channel and the Gulf Coast. Refinery accidents, including fires, explosions, toxic chemical releases, and equipment failures, can injure workers and surrounding communities. Federal process safety management regulations under OSHA 29 CFR 1910.119 require refineries to maintain detailed hazard analysis and emergency response plans, and violations of these standards create direct liability.
Refinery injuries often involve severe burns, lung damage from chemical exposure, and blast trauma. Our attorneys pursue claims against refinery operators, contractors, and equipment manufacturers when safety failures cause these catastrophic injuries.
Occupational Disease
Occupational diseases develop over time from workplace exposures — not from a single traumatic event. Texas workers in mining, construction, refining, agriculture, and manufacturing face exposure to silica dust, asbestos, benzene, and other substances that cause silicosis, asbestosis, mesothelioma, and occupational cancers. These conditions may take years or decades to develop and are often diagnosed long after the period of exposure has ended.
Texas workers’ compensation covers occupational diseases, and the statute of limitations generally runs from the date of diagnosis rather than the date of first exposure. If an employer or manufacturer knew about the exposure risk and failed to provide adequate protection, a personal injury lawsuit may also be available. Our attorneys have handled occupational disease claims involving long-latency conditions across Texas industries.
Workers’ Compensation Nonsubscriber Claims
Texas is the only state in the country that allows most private employers to opt out of workers’ compensation insurance. Employers who do not carry workers’ compensation (called nonsubscribers) lose important legal defenses when a worker is injured. A nonsubscribing employer cannot claim that the worker was contributorily negligent, assumed the risk, or was injured by a fellow employee’s negligence.
This means injured workers of nonsubscribing employers can pursue a full personal injury lawsuit and recover damages for pain and suffering, in addition to medical costs and lost wages. The 30-day notice requirement to report the injury to your employer still applies regardless of whether your employer subscribes to workers’ compensation. If you are unsure whether your employer carries workers’ compensation, our attorneys can determine your employer’s status and advise you on the best path to recovery.
Workplace Discrimination
Workplace discrimination claims arise when an employer treats an employee unfairly based on a protected characteristic such as race, sex, age, disability, or national origin. These claims are governed by the Texas Commission on Human Rights Act and federal laws, including Title VII, the ADA, and the ADEA. Unlike personal injury claims, workplace discrimination cases typically require filing a charge with the Equal Employment Opportunity Commission or the Texas Workforce Commission before pursuing a lawsuit.
Note: Workplace discrimination is an employment law matter handled separately from personal injury claims. If you were injured as a result of workplace discrimination, for example, denied safety equipment, assigned hazardous work, or retaliated against for reporting an injury, our attorneys can advise you on whether a personal injury claim, employment claim, or both may apply to your situation.
CASE RESULTS
What is Workers’ Compensation?
Workers’ compensation is a form of insurance purchased by businesses that pays for the expenses that result when an employee is injured at work. This insurance is bought either through private insurance companies or state-certified compensation insurance funds. Because of the sheer number of people that these systems cover, they are very large and complex, and they are governed by state laws. Workers’ compensation benefits do not require an employee to show that their employer was negligent, but simply that their accident happened in the line of their employment.
Workers’ Compensation in Texas
While some states require employers to carry workers’ compensation insurance, Texas allows most businesses to choose whether to purchase it. However, they must let their employees know if they have chosen not to purchase the insurance. If your employer has opted out, then you may be able to file a lawsuit for a wider range of damages, but you will need to show fault on the part of your employer.
In order to be able to collect via a workers’ compensation claim, an employee is required to notify their employer of an accident within 30 days of its occurrence. Therefore, it is critical to report the accident as soon as possible.
What Kinds of Damages Are Available in Workplace Injury Claims?
Depending on the injury you sustained and how it happened, there are a variety of different costs that you could be eligible to recover. Ultimately, speaking with a workplace injury lawyer about the specific circumstances of your case will be the only way to determine which damages you may be eligible for, but there are a few different categories of damages that you may be able to pursue:
Economic Damages
Economic damages are the tangible, objective damages a victim sustains because of their accident. These can include things like the cost of healthcare and lost wages from being unable to work for a period. Economic damages can typically be proven with a high degree of certainty through things like bills and receipts. If you employer is covered by workers’ compensation insurance, then many of these economic damages will be covered.
Non-Economic Damages
Non-economic damages refer to the physical, mental, and emotional suffering that an accident victim experiences because of their injuries. Typically, workers’ compensation will not cover these sorts of damages. However, that does not mean employers are no longer liable. In certain circumstances, you may be able to file a claim against an employer for non-economic damages if they acted negligently. While non-economic damages are more difficult to quantify than economic damages, they will generally be higher if the injury is severe.
Punitive Damages
Punitive damages are only available in a small percentage of Texas workplace injury cases. While economic and non-economic damages exist to compensate a victim and make them whole again, punitive damages are focused on the wrongdoer. They serve as a punishment, as well as a warning to other employers not to act in the same way. Punitive damages are only available in cases where an employer acted in a particularly reckless or even purposeful way.
Regardless of what kind of losses you have, a Zinda Law Group workplace injury lawyer is available to help you protect your rights.
Third-Party Liability in Texas Workplace Accidents
Workers’ compensation covers workplace injuries regardless of fault, but it limits recovery to medical costs and lost wages. When a party other than your direct employer contributed to your accident, a separate personal injury lawsuit against that third party may be available alongside your workers’ comp claim. Third parties in workplace accidents can include equipment manufacturers, property owners, subcontractors, and delivery drivers — anyone whose negligence contributed to your injury.
Construction and oilfield workers are especially likely to have third-party claims because multiple companies typically share a single job site. Workers of nonsubscribing Texas employers can pursue full damages directly against the employer in a personal injury lawsuit, with no contributory negligence defense available. Our attorneys evaluate all potential sources of recovery after a workplace injury — not just the workers’ compensation route.
How Zinda Law Group Can Help With Your Case
Texas workplace accident lawyers can help you in several different ways, including:
Filing a Workers’ Compensation Claim
As noted above, employees who were injured on the job need to follow all of the requirements of both Texas law and their specific employer in order to be able to recover for their injuries. An attorney who is experienced in this area of the law can help to make sure that you fill out all the paperwork on time and in the correct fashion in order to expedite the process. In addition to ensuring that everything gets filled out, an attorney may be able to strengthen your case and improve your chances of successfully securing an adequate settlement.
Dealing with Insurance Companies
As mentioned earlier, workers’ compensation is often the source of compensation for victims who were injured at work. In a perfect world, these companies would compensate victims for all their injuries without any prodding. However, many victims find out the hard way that a workplace injury claim is not always easy to win. Insurance companies want to make a profit, and to do this they employ skilled claims adjusters who specialize in minimizing the liability of the company.
One way that an insurance company may attempt to minimize their financial liability is to delay the process as long as possible. Dealing with injuries from a workplace accident can become expensive very quickly, so delaying payout can be one way to try to get victims to accept a settlement amount that may be less than what they are entitled to. More directly, insurance companies may unfairly deny claims. In any situation that you find yourself dealing with an insurance company, a workplace injury lawyer may be able to help ensure that you are not taken advantage of.
Bringing a Personal Injury Lawsuit
Workers’ compensation is, at least in theory, a more straightforward process than filing a personal injury lawsuit. However, in certain circumstances, it might make more sense to file a lawsuit against your company or a third party as opposed to seeking money through workers’ compensation. This can be the case if your employer directly caused or contributed to your injuries.
For example, if you sustained a major injury at work when a large piece of equipment fell on you due to poor planning of the worksite, then filing a personal injury claim may be the only way to be fairly compensated for all of your suffering. One important note is that injured parties cannot file a personal injury lawsuit if they have already collected workers’ compensation.
A Zinda Law Group personal injury attorney may be able to work with you and pave the best path forward in your case. Our attorneys will be there every step of the way to make sure that you never feel like you’re going through the process alone.
Our Awards
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA
Steps to Take After Being in an Accident at Work
No one wants to be involved in a workplace accident. However, when an accident does happen, taking the proper steps immediately after and throughout the process can save victims stress and hassle. Because of the wide variety of accidents that can happen at work, no two accidents are the same. Still, workplace accident victims should do the following:
Report the Accident
As soon as possible, report the accident to your supervisor or the HR department at your workplace. Be as thorough as possible and share all the details of what happened and how your accident occurred. Do not be shy in reporting injuries that may seem minor because they may turn out to be more serious than you think.
Reporting the accident also creates a written record from your perspective, which can support your claim later. Texas law sets reporting deadlines for workers’ compensation eligibility, so acting quickly protects your right to collect.
Get Medical Treatment
Seek medical attention for your injuries as soon as possible. There are several reasons to do it promptly. For starters, that small, nagging pain in your hand could actually be a more major injury than it seems at the moment. Going to the doctor helps to catch these kinds of injuries that could develop into something more serious if left untreated. Also, insurance companies or employers may try to make the argument that your injuries are unrelated to anything that happened in the workplace. Getting medical attention as soon as possible helps to connect the accident with your injuries.
Document the Accident
After you have reported the accident and received medical attention, start to gather all of the evidence and documentation that may become important to your claim. This type of evidence includes medical records, receipts or bills for any property that may have been damaged, and any reports or other paperwork that your workplace provides related to the claim.
Speak with a Texas Workplace Accident Lawyer
When pursuing compensation for a workplace injury, your interests are not the priority of the businesses and insurers involved. For the businesses and insurance companies involved, it makes economic sense to try to pay you as little as they are legally obligated to pay. A qualified Texas personal injury attorney can help you properly value your claim and ensure that you are not taken advantage of. They can also handle the communication and negotiation phases of the process to make sure that you don’t take any steps that damage your claim.
Areas We Serve Around Texas
- Austin
- Dallas
- Houston
- San Antonio
- Fort Worth
- El Paso
- Arlington
- Plano
- Lubbock
- Waco
- Midland
- Round Rock
- Temple
- Killeen
- College Station
- Cedar Park
- Georgetown
Call Zinda Law Group for a Free Consultation
When you are injured at work, it can often feel like the odds are unfairly stacked against you. That is why it is important to speak with a Texas workplace accident lawyer who knows the laws and regulations that apply to your case and can help you fight for compensation.
Zinda Law Group’s attorneys give each case the individualized attention it deserves. Also, we don’t believe that accident victims should have to worry about being able to afford legal representation. That is why we offer our No Win, No Fee Guarantee — you won’t pay us anything unless we win your case for you.
Meetings with attorneys are available by appointment only.
