Workplace injuries can have devastating physical, emotional, and financial consequences for employees and their families. At Spagnoletti Law Firm, we are here to help injured workers navigate the complex legal landscape that follows an on-the-job injury. Whether the injury occurred at a construction site, on an offshore oil rig, in a factory, or even in an office setting, understanding your rights under Texas law is crucial for securing the compensation and support you need to move forward.
Texas is unique in that employers are not required to carry workers’ compensation insurance. However, many employers choose to participate in the state’s workers’ compensation system, which provides a no-fault approach to workplace injuries. If your employer is a subscriber, you may be eligible for benefits, including medical care, temporary income benefits, and compensation for permanent impairments. One of the key benefits of this system is that you do not need to prove that your employer was at fault for your injury to receive benefits. However, workers’ compensation also limits your ability to sue your employer directly, which can restrict the amount of compensation you can recover.
For employees whose employers do not subscribe to workers’ compensation, the legal landscape is different. In these cases, Texas law allows injured employees to sue their employer directly for negligence. To succeed in such a lawsuit, you must demonstrate that your employer failed to provide a reasonably safe working environment or acted negligently in a way that caused your injury. Examples of negligence might include unsafe equipment, inadequate training, or failure to follow safety protocols. These cases can be more complex than workers’ compensation claims, but they often allow for broader recovery, including damages for pain and suffering, loss of earning capacity, and emotional distress.
For workers in high-risk industries such as maritime, offshore drilling, or longshore operations, additional legal protections may apply. The Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA) are federal laws designed to address the unique challenges faced by workers in these fields. Under the Jones Act, for example, injured seamen can sue their employers for negligence, seeking compensation for medical expenses, lost wages, and pain and suffering. Similarly, the LHWCA provides benefits for maritime workers who are not seamen, such as dockworkers and harbor laborers. Navigating these specialized legal frameworks can be daunting, but Spagnoletti Law Firm has experience in representing injured workers in these cases.
In addition to employer negligence, third-party liability may also play a role in workplace injury cases. If a party other than your employer contributed to your injury, such as a manufacturer of defective equipment or a subcontractor, you may have the right to pursue a third-party lawsuit. These claims can significantly increase the compensation available to you, as they are not limited by the restrictions of workers’ compensation laws. Identifying and holding all responsible parties accountable is essential for maximizing your recovery, and our experienced attorneys can help you explore all potential avenues for compensation.
If you or a loved one has been injured on the job, the first steps you take can have a profound impact on the outcome of your case. Reporting the injury promptly, seeking medical care, and consulting an experienced workplace injury attorney are critical actions to protect your rights. At Spagnoletti Law Firm, we are committed to standing by your side throughout the entire process. Contact us today at 713-804-9306 for a free consultation. Let us help you understand your legal options and pursue the justice and compensation you deserve. No matter how complex your case may seem, we are here to fight for you.