Being injured by someone’s negligence at work is a serious matter, and the hours and days that follow can feel overwhelming. Whether your injury happened on a construction site, in a warehouse, at a retail store, or at an office, you have rights under Texas law, and those rights deserve to be protected.
An O’Hare and Koch work injury attorney in Carrollton can help you understand which legal path applies to your situation and what you may be entitled to recover.
Injured at Work in Carrollton? Here’s What You Should Know
Texas has a unique workers’ compensation system. Unlike most states, Texas does not require most private employers to carry workers’ compensation insurance.
When an employer opts out of the State of Texas workers’ comp plan and becomes a “non-subscriber,” injured workers may pursue a personal injury claim directly against that employer, even taking the employer to civil court if necessary. If the employer does carry workers’ comp coverage, that program governs the claims process with significant limitations that often prevent full recovery of your losses.
Common Causes of Workplace Injuries in Texas
Workplace injuries happen across every industry, and no injury is too minor to take seriously. According to the Bureau of Labor Statistics, hundreds of thousands of workers suffer nonfatal occupational injuries each year, and many more go unreported.
In Texas, some of the most common causes include:
- Falls — from heights, ladders, scaffolding, or slippery surfaces
- Overexertion and repetitive strain — from lifting, pulling, or carrying heavy loads
- Struck-by incidents — being hit by falling objects, equipment, or vehicles
- Machinery accidents — contact with moving parts, presses, or power tools
- Exposure to hazardous substances — chemicals, fumes, or toxic materials
- Motorized vehicle-related accidents — caught-in or between hazards, collisions involving forklifts, delivery trucks, company vehicles
- Electrocution — contact with live wires or electrical systems
The Occupational Safety and Health Administration (OSHA) refers to falls, struck-by incidents, electrocution, and caught-in/between hazards as the “Fatal Four”, the leading causes of construction worker deaths in the United States. If your injury involved any of these causes, an experienced Carrollton personal injury lawyer at O’Hare and Koch can help you determine whether negligence played a role and who may be held accountable.
Who Can Be Held Liable After a Work Injury?
Depending on the circumstances, multiple parties may be responsible for a workplace injury. Your employer is the most obvious, but liability doesn’t always land there or stop there.
If a party other than your employer contributed to your injury, you may be able to pursue a separate personal injury claim against them.
Some of the more common third parties are:
- Equipment manufacturers whose defective products caused harm
- Contractors, subcontractors or suppliers working on the same job site
- Property owners who failed to maintain safe premises
- Equipment operators or vehicle drivers who caused a crash during work-related activities
Comparative Fault in Texas
Texas generally follows a comparative fault rule. This means that if you are found to be partially at fault for your own injury, your recovery may be reduced proportionally so long as your share of fault is 50% or less. However, it gets more complicated if your employer is a nonsubscriber to the Texas Workers Compensation plan. Nonsubscriber employers are not entitled to assert the comparative fault of an employee. At O’Hare and Koch, our workplace accident lawyers in Carrollton, TX, with nearly 90 years of combined experience, know the nuances in the law and focus on building the strongest case possible given the facts.
What Is Your Work Injury Claim Worth?
The value of a work injury claim in Texas is based on the damages the injured person has experienced. Damages extend beyond the economic impact. They also cover non-economic effects, including physical pain, suffering, emotional distress, disfigurement, and disabilities.
While no two cases are the same, the following factors are commonly considered:
- Medical expenses: emergency care, hospital stays, surgeries, medication, and ongoing treatment
- Lost wages/Reduced earning capacity: income lost during recovery, along with reduced earning capacity going forward
- Physical pain and suffering: the physical and emotional toll of the injury itself
- Lasting disfigurement and long-term disabilities: scarring and permanent injuries resulting from the negligence
- Loss of enjoyment of life: hobbies, activities, and personal experiences you or your loved ones can no longer fully enjoy
To see real examples of past recoveries, view our case results. While no outcome is guaranteed, these results reflect our commitment to pursuing full and fair compensation for every client we represent.
Why You Need a Carrollton Work Injury Lawyer
Whether using workers’ comp carrier adjusters or third-party claims administrators, insurance companies are focused on limiting payouts. Without legal representation, injured workers often accept settlements that fall far short of the recovery they deserve. You need an experienced personal injury legal team on your side to push back.
Our legal team at O’Hare and Koch brings the detailed knowledge and dogged determination needed to not only push back but fight back. Our experienced attorneys investigate the facts, gather evidence, including photos and video, work with medical professionals and experts to determine and document the full extent of your injuries, and pursue the recovery of the full value of your claim.
As a Carrollton personal injury lawyer firm, O’Hare and Koch handles work injury cases with the same commitment they bring to every case. There are no fees unless you recover. Our on-the-job injury attorneys are available seven days a week, including the option to come to you.
Contact O’Hare and Koch for a Free Case Review
If you or a loved one has been injured on the job in Carrollton or anywhere in Texas, you deserve answers, not delays. The Texas Department of Insurance notes that injured workers have specific deadlines for reporting injuries and filing claims, so acting promptly matters. Contact O’Hare and Koch today to schedule a free case review. There’s no obligation, no upfront cost, and no fee unless you recover.