Workplace Injuries in Texas: Causes, Prevention, and Legal Options
Workplace Injuries in Texas: Causes, Prevention, and Legal Options
A work-related injury can happen to anyone, in any job. But what happens legally after it does depends heavily on a fact many injured Texas workers don’t find out until it’s too late: whether their employer carries workers’ compensation insurance at all.
Common Causes of Workplace Injuries
- Slips, trips, and falls — uneven surfaces, wet floors, poor lighting
- Machinery accidents — faulty or poorly maintained equipment
- Falling objects — items falling from shelving or construction sites
- Repetitive strain injuries — sustained repetitive motion causing chronic pain
- Exposure to hazardous materials — chemicals or substances causing burns or respiratory harm
Preventing Workplace Injuries
- Follow safety procedures and use provided protective gear
- Keep workspaces clear of clutter and hazards
- Use proper lifting technique for heavy loads
- Report unsafe conditions instead of working around them
- Take breaks — fatigue contributes to mistakes and injuries
Employers should follow OSHA guidelines and recordkeeping requirements to track incidents and improve safety over time.
The Fact That Changes Everything: Does Your Employer Carry Workers’ Comp?
Texas is the only state where private employers can legally skip workers’ compensation insurance entirely. Non-subscribing employers must post notice of their status in the workplace and notify new hires in writing, but plenty of workers never see that notice or don’t realize its significance until after they’re hurt. This single fact determines your entire legal path.
What to Do If You’re Injured at Work
- Seek medical attention — some injuries need immediate care
- Report the injury to your employer promptly, in writing
- Find out whether your employer carries workers’ comp, if you don’t already know
- Document everything — medical visits, lost wages, and how the injury happened
- Consult a workplace injury lawyer to determine which claims are available to you
Your Legal Options, Depending on Employer Status
If your employer subscribes to workers’ comp, benefits can cover medical expenses and partial lost wages, but the system can be complex and not all claims are approved. If your employer doesn’t subscribe, there’s no comp claim available at all — but Texas Labor Code § 406.033 strips non-subscribing employers of several standard defenses (contributory negligence, assumption of risk, blaming a coworker), making a direct negligence lawsuit a genuinely viable path to full compensation, including damages comp benefits never cover: complete lost wages and pain and suffering.
Separately, if a third party — a subcontractor, an equipment manufacturer — contributed to your injury, that claim exists regardless of your employer’s subscriber status and can often run alongside either path above.
OSHA Recordkeeping Requirements
Employers must track work-related injuries and illnesses using forms like OSHA Form 300A (an annual summary) and Form 301 (a detailed report of each incident), and report through OSHA’s Injury Tracking Application. Records must be kept for at least five years and made available to employees. A pattern of unreported or underreported incidents can itself be relevant evidence in a negligence claim.
Returning to Work After an Injury
Some workers return quickly, sometimes to modified light duty during recovery; others need extended time off. Whether wage support during that period comes from workers’ comp or a negligence settlement depends, again, entirely on your employer’s subscriber status.
Find out which options apply to your case
Workplace injuries can be life-changing, and knowing your actual rights — not generic advice that assumes workers’ comp always exists — is essential in Texas specifically. Contact The Traub Law Office, P.C. at (512) 246-9191 or online for a free consultation.
About Andrew Traub
