If you or a loved one has been hurt in the workplace in Dallas, TX, knowing your legal options is a critical first step toward recovery. At O’Hare and Koch, our Dallas personal injury lawyers with nearly 90 years of experience represent workers and their families with straightforward, determined advocacy focused on pursuing the recovery of the full value of your claim.
Injured at Work in Dallas? Here’s What You Should Know
Texas is the only state that does not require most private employers to carry workers’ compensation insurance, which makes the path to compensation after a work injury more complex than in most states.
Subscribers vs. Non-Subscribers
Employers who carry workers’ comp through the State of Texas plan are called “subscribers.” The Texas Department of Insurance, Division of Workers’ Compensation, oversees these claims. Workers’ comp provides medical benefits and partial wage replacement, but it severely limits your right to sue your employer directly and does not cover the full range of losses you may have suffered.
Employers who opt out are “non-subscribers.”Nonsubscribers can carry private workers comp coverage or have no coverage at all for their employees. If you work for a non-subscriber and get hurt on the job, you may have the right to bring a direct negligence claim against your employer. And unlike the Subscriber workers’ comp, the claim can pursue the full range of damages your injuries caused.
Whether an employer is a subscriber or a nonsubscriber, you still have a separate claim against third parties whose negligence contributed to your injury. The possibilities are numerous, but depending on the accident, it might be a third party like a contractor, a supplier, an equipment manufacturer, a property owner, or a guest.
Common Causes of Workplace Injuries in Texas
Dallas workers are employed in construction, warehousing, manufacturing, transportation, retail, and many other industries. According to the Bureau of Labor Statistics, Texas consistently records more workplace fatalities than any other state. Injuries happen across all industries and at every level of severity, and every one of them is worth evaluating.
Work injuries happen due to:
- Falls from scaffolding, ladders, or elevated platforms
- Struck-by incidents involving falling objects or moving equipment
- Forklift and heavy machinery accidents
- Overexertion from repetitive lifting or physical labor
- Exposure to hazardous substances
- Horseplay and carelessness
- Unsafe worksite conditions, including failures to meet Occupational Safety and Health Administration (OSHA) safety standards
It is also worth noting that not all injuries are immediately apparent. Some conditions, including soft tissue damage, back injuries, and head injuries, may not produce noticeable symptoms until hours or days after the initial trauma, and can worsen over time. If you were involved in a workplace accident, report it to your employer regardless of how you feel in the moment.
Who Can Be Held Liable After a Work Injury?
Liability depends on the facts of each case, and there are often more responsible parties than injured workers initially expect.
Your employer may be one of them. If they’re not a Texas workers’ comp subscriber, their negligence can form the basis of a direct claim. Importantly, Texas law strips non-subscribers of several key defenses available to subscriber employers, putting them in a significantly weaker legal position when negligence is involved.
A third party may also share liability, and that claim exists regardless of your employer’s coverage status.
Third-party defendants commonly include general contractors, subcontractors, suppliers, equipment manufacturers, property owners, and at-fault drivers.
Identifying every potential source of liability is one of the first and most important things a Dallas work injury lawyer at O’Hare and Koch will do in your case.
What Damages Can You Recover?
The value of a work injury claim in Texas is based on the damages the injured person has experienced. Damages go beyond the economic impact of the injuries, covering non-economic effects, including physical pain, suffering, emotional distress, disfigurement, and disabilities.
When calculating damages, attorneys and courts consider:
- Medical expenses — emergency room care, hospital stays, surgeries, medication, and ongoing treatment
- Lost wages — income lost during recovery, along with reduced earning potential
- Pain and suffering — physical pain and emotional distress
- Lasting disfigurement and long-term disabilities — scarring and permanent injuries resulting from the negligence of others
- Loss of enjoyment of life — hobbies, activities, and personal experiences you can no longer fully enjoy
- Property damage — tools, equipment, vehicles, and other belongings
If someone dies from their injuries, their estate and family members may have claims for wrongful death or survival damages, including loss of earning capacity, psychological treatment, loss of companionship, and mental anguish. In cases of egregious conduct, punitive damages may also be recoverable. To see real examples of past recoveries from our work injury attorneys in Dallas, view our case results.
Why You Need a Dallas Work Injury Lawyer
Evidence moves fast after a workplace accident. Video footage gets overwritten, equipment gets repaired, and witnesses move on. An on-the-job injury attorney who gets involved early can preserve photos, video, incident reports, and witness accounts before that evidence disappears.
Texas generally follows a comparative fault rule. If you are found partially responsible for the accident, your recovery is reduced proportionally, and employers and insurers routinely try to shift blame onto injured workers to limit what they owe. However, as noted, it gets more complicated if your employer is a nonsubscriber to the Texas Workers Compensation plan. Nonsubscriber employers are not entitled to assert comparative fault of the employee. So having a workplace accident lawyer in Dallas, TX, working to develop the legal strategy and establish the facts accurately matters.
The experienced attorneys at O’Hare and Koch with nearly 90 years of combined experience understand the interplay between workers’ comp, non-subscriber law, and third-party claims, and how to identify the strongest path forward for your situation.
Contact O’Hare and Koch for a Free Case Review
You have the right to pursue accountability after being injured by someone’s negligence at work. O’Hare and Koch offers free case reviews, no-wait office visits, and availability seven days a week. We come to you if needed, and there are no fees unless you recover. Contact our firm to schedule a consultation with a personal injury lawyer in Dallas.