Unsafe Working Conditions

Were you Injured Due to Unsafe Working Conditions?

As an employee, you have the right to be provided with a safe place to work. This is true whether you are employed on a construction site, in a factory, or in an office. Your employer is required to provide a safe environment by various labor and worker protection laws, as well as detailed guidelines set forth by the Occupational Safety and Health Administration (OSHA). In fact, you can report unsafe working conditions to OSHA and potentially trigger an investigation and your identity will not be revealed to your employer.

manlift and steel girders.

Unfortunately, sometimes unsafe working conditions can and do occur. When this happens, a work injury lawyer may be able to recover compensation for you if you suffer a work-related injury. Texas has workers’ compensation legislation in place requiring workers to resolve claims with their employers through workers’ comp, but in some cases, it may be possible to explore lawsuit options that can allow you broader recovery when there are unsafe working conditions in place.

To learn more about your legal rights after a work injury, it is a smart choice to speak with an experienced personal injury attorney. Simmons and Fletcher, P.C., Injury & Accident Lawyers, have represented many clients who have been injured at their jobs due to unsafe conditions. If you or a loved one has suffered a work injury, contact us today to learn how we can help.

Unsafe Working Conditions and Workers’ Comp Claims

In Texas, under workers’ compensation law, you are not required to show unsafe work conditions or to show negligence on the part of your employer in order to make a workers’ compensation claim. In fact, if a work injury occurred on the job, even if your employer did everything possible, then you will be able to receive payment for medical costs and for lost wages relating to your injury. Workers’ compensation also provides for disability benefits for injured workers. But not all employers provide worker’s compensation in Texas.

Unsafe Working Conditions: Your Legal Rights

While workers’ compensation provides benefits to injured workers in all situations where a work injury occurs, the types of damages available under workers’ compensation are not as extensive as benefits available in a personal injury lawsuit. As such, if you have suffered a work injury due to unsafe working conditions and there was negligence or carelessness involved in those working conditions, you may wish to explore other options for recovering damages.

In some cases, an attorney can assist you in finding avenues outside of workers’ compensation to make a claim, even though workers’ comp is an exclusive remedy system and restricts when your employer can be sued. For example, if there is a third party involved such as a site manager who is not your direct employer, your workers’ compensation attorney may be able to help you to make a personal injury claim against that third party.

Frequently Asked Questions

Can I Sue My Employer for an  Unsafe Working Conditions?

While maintaining an unsafe working condition is negligence, negligence is not a cause of action unless you are injured by it. So to sue your employer over an unsafe working condition, you must 1) be injured by the condition, and either, 2) the employer provides no worker’s compensation and has no arbitration requirement in your contract making you waive your legal right to sue, or 3)  the employer injured you by way of gross negligence. You can report an OSHA violation under certain circumstances.

What Are Examples of Unsafe Work Conditions?

Some examples of unsafe working conditions are:

  • Failure to require employees to follow OSHA requires safety procedures like lockout-tagout procedures,
  • Failure to provide fall protection when there is a fall risk,
  • Failure to provide training on dangerous machines,
  • Failure to provide proper eyewear or respiratory protection when working around chemicals or irritants,
  • Failure to provide guards and covers for dangerous machines or equipment.

Let Us Help With Your Work Injury Claim

If you have suffered a work injury as a result of unsafe working conditions, you should take action right away to find out what your legal rights are. Contact us today for information and advice on your work injury claim. Call us at (713) 932-0777 for a free consultation.



If you have a personal injury case and would like to know whether it is something that our law firm can help you with, please fill out the form to the right and submit your information or pick up the phone and call us between 8:30 AM and 4:00 PM on Monday through Thursday and 8:30 AM  and 5:00 PM on Friday and out intake team can go help evaluate your case and determine who the best person is for you to talk to about your case. Consultations are 100% free and you have no obligation to hire us.


Simmons and Fletcher, P.C., rooted in Christian values, exclusively handles personal injury cases, advocating for the rights of accident and negligence victims. Our Houston-based team, dedicated to compassion and excellence, handles cases across car accidents, motorcycle accidents, truck accidents, slip and falls, dog bites, and other types of cases with a commitment to personalized care. Upholding integrity and client-focused service, we strive for impactful legal outcomes. For a detailed understanding of our approach and team, visit our attorneys page.

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