Austin Work Injury Lawyer

Workplace Injury Statistics in Texas

Recent data from the Occupational Safety and Health Administration (OSHA) shows that Texas led the nation with 58 fatal workplace injuries in 2024 — more than California, despite having a smaller population.

As the only state that doesn't require private employers to carry workers' compensation insurance, Texas leaves many injured workers without a clear path to financial recovery.

Some Texas employers self-insure, while others carry no coverage at all. This means injured employees often have no idea what to do after they are hurt on the job. That's where an experienced Austin personal injury attorney comes into the picture.

Types of Workplace Injuries We Handle

Attorney Ashley Applewhite and her team represent injured clients who have suffered everything from relatively minor setbacks to catastrophic trauma. Some of the most common work injuries we see in our personal injury practice include:

• Neck injuries (whiplash, herniated discs, and chronic strain)
• Back injuries (herniated discs, muscle strains, and spinal damage)
• Broken and fractured bones
• Cuts, bruises, and lacerations
• Crush injuries
• Eye injuries, including blindness
• Electrocution
• Burns
• Ligament, tendon, muscle, and related injuries
• Spinal cord injuries (with or without paralysis)
• Head, brain, and traumatic brain injuries (TBIs)
• Psychological injuries, including PTSD
• Respiratory injuries
• Toxic exposure injuries
• Permanent disability
• Wrongful death

These and other such occupational injuries are commonly caused by slips, trips, and falls, falls from heights, being struck by equipment, workplace motor vehicle accidents, fires and explosions, and repetitive stress, among other factors.

Steps You Should Take After a Workplace Injury

How you respond in the hours and days after getting hurt can make or break your injury claim. Here are the key steps you should take to avoid losing out on compensation:

Step 1: Report Your Injury Right Away

Report the injury to your employer and supervisor in writing as soon as possible. Delays can jeopardize your claim.

Step 2: Seek Immediate Medical Attention

Get medical care promptly, keeping in mind that some injuries may not present symptoms for hours or even days. Follow all treatment plans to avoid gaps in your medical records.

Step 3: Keep Detailed Records

Track your medical treatment and all related information, including dates, providers, and bills. Keep copies of all communication with your employer and their insurer.

Step 4: Track Lost Wages and Expenses

Record your lost wages and expenses, and start a log of how the injury has affected your daily life. These details will be crucial for calculating your compensation.

Step 5: Contact an Austin Workplace Injury Attorney

Lastly, consult a qualified lawyer before signing anything or giving statements. Seeking legal help will ensure your rights are protected moving forward.

Can You Sue Your Employer After a Work Injury in Texas?

Texas created a unique workers’ compensation system when it chose not to require employer coverage. Whether you can file a personal injury lawsuit depends on several factors, including whether your employer subscribes to workers' comp, who was at fault, and whether any third parties were involved.

What Is Workers' Compensation?

The workers’ compensation system provides medical benefits and wage replacement for employees who are injured on the job, regardless of fault. Injured workers don’t have to prove negligence to receive workers’ comp benefits, but in exchange, they typically can't sue their employers.

In Texas, employers choose whether to carry workers' comp insurance. Those who provide workers’ compensation insurance are known as "subscribers,’ while those who don't are "nonsubscribers." This choice could dramatically impact your legal options after suffering on-the-job injuries.

What Is a Personal Injury Claim?

A personal injury claim is a formal legal action taken against a person or entity whose negligence has caused injury. Unlike a workers’ compensation claim, you must prove that the defendant's careless or reckless actions directly led to your harm to win a personal injury case.

Personal injury claims frequently offer greater compensation than workers' comp because they include damages for pain, suffering, and quality of life impacts, things the workers' compensation system doesn't touch. The tradeoff is that these cases require stronger evidence and typically take longer to resolve.

Suing Nonsubscriber Employers

Nonsubscriber employers lose the liability protections that workers' comp provides. This means that if your employer doesn't carry workers' compensation insurance, you can file a personal injury lawsuit against them directly.

While this possibility gives injured workers more recovery options, employers defend these cases aggressively. Our legal professionals have handled both sides of these disputes and know every argument an employer might throw at you.

Third-Party Claims

Even if your employer has workers' comp coverage, you may still sue if a third party contributed to your workplace accident. Third parties can include:

• Equipment manufacturers whose defective products caused harm
• The owners of the property where you were injured
• Contractors or subcontractors whose negligence led to the accident
• A driver who hit you while you were working
• Companies responsible for maintaining equipment that failed

Sometimes, multiple parties share responsibility for work-related injuries. Each liable party represents a potential source of financial compensation.

Damages You Can Recover After Being Hurt on the Job in Austin, TX

The compensation available after a workplace injury depends on whether you're filing a workers' comp claim, suing a nonsubscriber employer, or pursuing a third-party personal injury lawsuit.

When you file a lawsuit, you can potentially recover far more than workers' comp provides, including damages for:

• Medical expenses covering emergency treatment, surgery, hospitalization, medication, physical therapy, and future care
• Lost income, benefits, and earning capacity
• Pain and suffering
• Emotional distress, anxiety, depression, and psychological trauma
• Disfigurement and scarring
• Loss of enjoyment of life
• Long-term impacts on earning ability, ongoing medical needs, and reduced quality of life
• Death benefits in wrongful death cases

Every case is different. The value of your legal claim will depend on the severity of your injury, how it affects your life, the strength of the available evidence, and the applicable insurance coverage. We can review all of these factors during your free consultation to give you a better idea of what to expect.

Deadline for Filing a Work Injury Claim in Texas

For workers' compensation claims filed with the Texas Department of Insurance, you generally have one year from the date of injury to file. For personal injury lawsuits against nonsubscriber employers or third parties, Texas gives you two years. Some exceptions exist for occupational diseases or work-related accidents that develop gradually, but waiting is risky.

How Long Does a Work Injury Case Take?

Every case moves at its own pace. Some settle in a few months. Others can take a year or more to resolve, especially if they go to trial.

Injury severity plays a major role. Minor injuries that heal quickly can often be addressed faster. Serious injuries that require extended treatment mean waiting until you reach maximum medical improvement (the point where your condition has stabilized) before settling. Otherwise, you risk accepting compensation that doesn't cover your future needs.

How the insurance company responds matters too. Some insurers negotiate reasonably, while others attempt to deny or underpay valid claims, dragging out the process and forcing injured workers to file lawsuits.