Key Takeaways: What Every Work Injury Victim Should Know
- In Texas, some employers are non-subscribers. According to the Texas Department of Insurance, 25% of Texas employers are nonsubscribers as of 2022, meaning you may sue them for negligence if injured on the job.
- Work injury lawyer vs Worker’s Comp. lawyer. A work injury lawyer pursues legal action against the employer when there is no workers’ comp. and against third parties whose negligence causes an injury. Workers’ comp lawyers help you file for benefits under the Texas Workers’ Comp Act. Simmons and Fletcher, P.C. are work injury lawyers.
- If your employer is a subscriber, workers’ comp pays limited benefits, but third-party suits may still apply if someone else caused your injury.
- Industries at high risk in Houston include: refineries/petrochemical plants, maritime/port operations, construction, warehouses, and transportation along major corridors like I-10 and I-45.
- Act fast: evidence preservation and legal deadlines affect both workers’ comp and civil claims. You have limited time to protect your rights.
- Working with Simmons & Fletcher means you get experienced work injury lawyers with nearly 50 years of experience helping Houston workers recover maximum compensation.
Contact a Houston work injury lawyer today for a free case evaluation. Find out if you can file a third-party claim or lawsuit against a non-subscriber employer. We’ll help you understand your legal options at no cost.
Why Workers Trust Simmons & Fletcher With Work Injury Cases
At Simmons & Fletcher, we understand that workplace accidents can devastate your life and financial stability. Our Houston work injury attorneys have been fighting for injured workers since 1979, securing millions in compensation for clients across Harris County and throughout Texas.
Here’s what sets our work injury lawyers apart:
- Proven track record: We recovered $11.9 million for a client who suffered severe electrocution burns in a workplace accident;
- Board certification:Paul Cannon is board-certified in Personal Injury Trial Law by the Texas Board of Legal Specialization;
- Worker-focused practice: We never represent employers or insurance companies. We exclusively help injured workers;
- No upfront costs: You pay no attorney fees unless we win your case.
Whether you work at a refinery in the Ship Channel, a warehouse near the Port of Houston, or a construction site on I-10, our attorneys understand the unique workplace dangers Houston workers face.
Get legal help today. Contact us at 888-998-1943 for a free consultation with a Houston workplace injury attorney near you.
11.9 Million Dollar Work Injury Settlement
Our attorneys worked tirelessly on behalf of a man who was severely injured while working on an aerial lift. The worker was assisting another employee on a man lift about 30 feet in the air when the other worker steered him into a 34 kV power line. Our client was given a potentially lethal jolt of electricity. Our client suffered severe burn injuries all over his body and irreversible brain damage and requires 24-hour monitoring. After a lawsuit was filed, the case was ordered to a personal injury arbitration under the terms of an employee benefits policy the client had agreed to upon hiring. The case settled on the eve of arbitration for $11,900,000. The hard work of our work injury lawyers ensured that our client and his family would have the money to cover his future medical needs.
4.9 out of 5 stars based on 486 reviews on Google, see what our clients say about us
Irma G.
Simmons and Fletcher was a very nice and friendly law firm from the moment I went in for my initial consult. A big thank you to all of them for hearing me out and agreeing…
Amber R.
Simmons and fletcher law firm. Went above and beyond for me. I was in a bad wreck that requires neck surgery. They constantly called and checked on me to see how I was doing. They…
Sue M.
I guess we are all a bit hesitant to have to hire a lawyer, at least I know I was, but Simmons and Fletcher PC was highly recommended by a trusted friend so I decided…
Miriam F.
I cannot express enough what this firm has done for me and my family! From the very beginning my legal assistant, Jeannette, was there to guide me every step of the way. She kept me…
Rebecca D.
This office helped us out tremendously. Everyone we dealt with was professional and courteous. They were quick to respond to any questions regarding the process. I would definitely recommend these attorneys.
Oscar M.
I had a great experience at Simmons and Fletcher. They fought continuously in my case and always hand my best interest in me. Ruth was kind and attentive to my needs. She was always available…
Theresia R.
This firm did an excellent job in representing our family. Not only are they very knowledgeable but are also very polite and always communicated through the whole process. A special thank you to Amanda for…
Rebecca S.
I cannot recommend this firm enough. Chris Fletcher represented me and my experience was great from start to finish. Chris was honest, accessible, and easy to talk to. His paralegal, Stephanie Quinn, was also incredibly…
Sandra W.
I had a great experience with Simmons and Fletcher. Sharon Simmons Cantrell did an exceptional job on my case. She was attentive and sweet and fought hard for me. I would recommend her and the…
Christashaia J.
I would recommend Simmons and Fletcher to anyone! From start to finish my case was handled properly! Amanda Johnston handle my case so well, as well as communicated with me throughout the entire ordeal, and…
Veda J.
“After the accident I was really shaken to my core. Being a senior citizen, I wasn’t sure just what to do. I saw your tv ad and I decided to call. So glad I did…
Do I Have a Workers’ Comp Claim, a Lawsuit, or Both?
Understanding your legal options after a Houston work injury depends largely on your employer’s insurance status and who caused your accident. Texas law is unique; under Texas Labor Code Chapter 406, it’s the only state that doesn’t require most private employers to carry workers’ compensation insurance. If your employer and/or a coworker caused your injury and the employer provided you with workers’ compensation coverage, then you MUST file under workers’ comp. unless there is clear and convincing evidence of gross negligence.
Subscriber vs. Non-Subscriber Employers: What Each Means
Subscriber employers carry traditional Texas workers’ compensation insurance. If you’re injured working for a subscriber, you typically receive limited benefits through the workers’ comp system but cannot sue your employer directly (except in cases of gross negligence).
Non-subscriber employers have opted out of the workers’ compensation system. According to the Texas Department of Insurance, 75% of Texas private-sector employers are workers’ compensation subscribers, meaning 25% are non-subscribers. In Texas, private employers can choose whether to provide workers’ compensation insurance coverage. Employers that choose not to provide Texas workers’ compensation coverage to their employees are known as non-subscribers. If you work for a non-subscriber and are injured due to their negligence, you can file a lawsuit. Understanding what damages you can recover, such as compensation for pain and suffering, is a critical first step.
Major non-subscriber employers in Texas include many large retail chains, restaurants, and other companies that choose alternative injury benefit plans instead of traditional workers’ comp.
When a Third-Party Lawsuit Applies
Even if your employer has workers’ compensation, you may still have a lawsuit against third parties who caused your work injury. Third-party claims can include:
- Independent contractors or subcontractors whose negligence injured you;
- Equipment manufacturers if defective machinery or tools caused your accident;
- Property owners where you were working when injured;
- Other drivers who hit you while you were driving for work;
- Vendors or delivery drivers who caused accidents at your workplace.
In these cases, you can pursue both workers’ compensation benefits AND a third-party lawsuit for full damages.
Maritime/Port Workers: Special Laws Apply
If you work at the Port of Houston or on vessels, different federal laws may apply to your injury claim:
- Jones Act: Protects injured seamen working on vessels in navigation.
- Longshore and Harbor Workers’ Compensation Act (LHWCA): Covers dock workers, longshoremen, and others working on navigable waters.
- General maritime law: Provides additional remedies for certain maritime workers.
Our Houston work accident attorneys have experience with these complex maritime injury laws.
Check if you can file a third-party claim. Contact us today to find out if your employer is a non-subscriber and what legal options you have.
What’s Not Covered by Workers’ Compensation?
Even if your employer has workers’ compensation, many aspects of your injury and suffering aren’t covered by these benefits. Workers’ comp typically only pays:
- Medical expenses for approved treatment;
- Partial wage replacement (usually about 70% of your average weekly wage);
- Specific disability benefits based on medical ratings.
What workers’ comp doesn’t cover:
- Pain and suffering;
- Full lost wages;
- Mental anguish and emotional distress;
- Loss of enjoyment of life;
- Punitive damages for employer misconduct.
This is why third-party claims and non-subscriber lawsuits are so important: they allow you to recover full compensation for all your losses.
What Workers’ Comp Pays vs. What a Lawsuit Can Recover
The difference between workers’ compensation and a successful lawsuit can be substantial:
| Damage Type | Workers’ Comp | Lawsuit |
| Medical Bills | Approved treatment only | All reasonable expenses |
| Lost Wages | ~70% of average wage | 100% of actual loss |
| Pain & Suffering | Not covered | Full compensation |
| Future Damages | Limited benefits | Lifetime care & support |
Refinery/Plant Explosions & Chemical Burns
Houston’s petrochemical industry presents unique workplace dangers. Workers at refineries and chemical plants along the Ship Channel face risks from:
- Explosions and fires from volatile materials;
- Chemical burns and toxic exposure;
- Equipment failures and maintenance accidents;
- Unsafe working conditions due to cost-cutting measures.
Our attorneys have handled industrial accident cases involving severe burns, respiratory injuries, and wrongful deaths at Houston-area plants.
Forklift/Warehouse & Loading-Dock Injuries
Warehouse operations near the Port of Houston and throughout Harris County see frequent injuries from:
- Forklift accidents and tip-overs;
- Loading dock falls and struck-by incidents;
- Repetitive motion injuries from lifting and sorting;
- Inadequate safety training and supervision.
Construction Falls/Scaffolding & Fall-Protection Failures
Houston’s booming construction industry has a high rate of serious injuries. Common causes include:
- Fall protection failures and inadequate safety equipment;
- Scaffolding accidents and structural collapses;
- Guardrail accidents and unprotected edges;
- Negligent hiring of unqualified workers or supervisors.
On-the-Job Vehicle Crashes (I-10/I-45 Corridors)
Houston’s major highways see numerous work-related vehicle accidents. These often involve:
- Commercial delivery drivers on I-10, I-45, and the Beltway;
- Service technicians traveling between job sites;
- Construction and utility workers in highway work zones;
- Company vehicle accidents due to poor maintenance.
If you were injured in a work-related vehicle accident, you may have claims against both the at-fault driver and your employer.
Start your confidential case review. Our Houston workplace accident lawyers will evaluate your specific situation and explain all available options.
What To Do After a Work Injury
Taking the right steps immediately after a workplace accident can protect your health and legal rights. Here’s what you need to do:
1) Report the Injury and Document Everything
- Notify your supervisor immediately, even for seemingly minor injuries.
- File a written incident report with your employer.
- Take photos of the accident scene, equipment, and your injuries.
- Get contact information from any witnesses.
- Keep all incident reports and documentation.
2) Get Medical Care Promptly
- Seek immediate medical attention, even if you feel “fine.”
- Follow all doctor’s orders and attend scheduled appointments.
- Keep detailed records of all treatments and expenses.
- Don’t let your employer pressure you to skip medical care.
3) Preserve Evidence
- Don’t sign anything without legal review.
- Save all medical records, bills, and receipts.
- Document your injury’s impact on daily life.
- Avoid discussing the accident on social media.
4) Call for a Free Legal Review
- Contact an experienced Houston work injury attorney immediately.
- Learn whether your employer is a subscriber or non-subscriber.
- Understand all potential claims and deadlines.
- Get protection from insurance company tactics.
Don’t wait: evidence disappears and deadlines approach quickly. Call 888-998-1943 today for immediate legal help.
Related Resources
- Houston Wrongful Death Lawyer: Learn about your rights if a loved one died from a work-related accident and how to file a wrongful death claim.
- Houston Spinal Cord Injury Lawyer: Understand your legal options after suffering a back or spinal cord injury at work.
- Houston Paralysis Lawyer: Get help with claims involving paralysis from workplace accidents and understand the long-term care compensation you may need.
- Houston Product Liability Attorney: Find out if defective equipment or machinery caused your workplace injury and who can be held responsible.
- Houston Burn Injury Lawyer: Learn about compensation for workplace burns from chemicals, explosions, or electrical accidents.
- Houston Chemical Burn Lawyer: Understand your rights after chemical exposure injuries in petrochemical plants and refineries.
- Houston Premises Liability Lawyer: Get legal help if you were injured due to unsafe conditions on someone else’s property while working.
- Houston First Party Insurance Claims Denial Lawyer: Fight back when your insurance company wrongfully denies your work injury claim.
Work Injury FAQs
Can I Sue My Employer in Texas?
Whether you can sue your employer in Texas depends on their workers’ compensation status. Private employers in Texas do not have to carry workers’ compensation insurance. However, under Texas Labor Code Chapter 408, employers who carry worker’s compensation coverage are exempt from employee lawsuits, except in cases of gross negligence.
If your employer is a non-subscriber (doesn’t have workers’ comp), you can sue them for negligence. If they are a subscriber, you generally cannot sue except in cases of gross negligence. However, you can always pursue third-party claims against others who caused your injury while working.
Our attorneys can quickly verify your employer’s status and explain your options. You can also check through the Texas Department of Insurance online portal.
What If OSHA Rules Were Violated?
OSHA violations don’t automatically prove liability, but they can strongly support your negligence claim. When employers violate safety regulations, it shows they failed to provide a reasonably safe workplace.
You should report OSHA violations within 30 days of discovering them. All employers are required to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye. A fatality must be reported within 8 hours. An inpatient hospitalization, amputation, or eye loss must be reported within 24 hours. OSHA will investigate and may fine the employer, but this doesn’t directly compensate you for injuries. You’ll still need to pursue workers’ comp benefits or a personal injury lawsuit.
Safety violations that commonly contribute to Houston workplace injuries include inadequate fall protection, chemical exposure, electrical hazards, and machinery guarding failures.
What Benefits Can Workers’ Comp Pay?
Texas workers’ compensation provides several types of benefits for injured workers:
- Medical benefits: Reasonable and necessary medical care related to your work injury;
- Temporary Income Benefits (TIBs): Partial wage replacement while you recover;
- Impairment Income Benefits (IIBs): Compensation for permanent physical damage;
- Supplemental Income Benefits (SIBs): Additional benefits if you can’t return to pre-injury earnings;
- Lifetime Income Benefits (LIBs): Ongoing support for catastrophic injuries like total blindness or paralysis.
These benefits are limited compared to what you might recover in a successful lawsuit, which is why exploring all legal options is crucial.
Do Different Laws Apply for Maritime Workers?
Yes, maritime workers in Houston have different legal protections under federal law. The Jones Act covers injured seamen, while the Longshore and Harbor Workers’ Compensation Act (LHWCA) protects dock workers and others employed on navigable waters.
These federal laws often provide better benefits than state workers’ compensation and may allow lawsuits against employers for unseaworthy vessels or negligence. If you work at the Port of Houston, on ships, or in maritime-related industries, special laws may apply to your injury claim.
Resources
- OSHA Workplace Injury and Fatality Statistics
- Texas Department of Insurance – Workers’ Compensation Division
Contact Our Houston Work Injury Attorneys
If you’ve been injured at work in Houston, Harris County, or anywhere in Texas, don’t face the complex legal system alone. Our experienced work injury attorneys are here to protect your rights and fight for maximum compensation.
We handle all types of workplace injury cases, including:
- Non-subscriber employer lawsuits;
- Third-party liability claims;
- Workers’ compensation disputes;
- Maritime and offshore injuries;
- Construction site accidents;
- Industrial plant injuries;
- Vehicle accidents while working.
Why Choose Simmons & Fletcher:
- Nearly 50 years serving Texas workers;
- Millions recovered for injured clients;
- Board-certified personal injury attorneys;
- No fees unless we win your case;
- Free consultations and case evaluations.
Our offices are conveniently located in Houston, and we serve clients throughout Harris County, Fort Bend County, Montgomery County, and across Texas.
Get started today. Call (713) 932-0777 or fill out our free case evaluation form to speak with an experienced Houston work injury attorney about your case.
NO FEES OR COURT COSTS UNLESS WE WIN