Austin Workplace Accident Lawyers

Your Rights as an Injured Worker in Texas

As an injured worker in Texas, you have specific rights regardless of your employer's insurance status. Understanding these rights is crucial for protecting yourself and your family’s financial future.

Your fundamental rights include:

• Safe Working Conditions: Your employer must provide a workplace free from recognized hazards.
• Proper Training: You have the right to be trained in workplace safety in a language you understand.
• Safety Equipment: Your employer must provide required protective gear and equipment.
• Medical Treatment: You have the right to seek medical care for work-related injuries.
• Protection from Retaliation: Your employer cannot fire or punish you for reporting an injury or filing a claim.

Two Paths to Compensation in Texas

Texas is unique because private employers are not required to carry workers’ compensation insurance, creating two distinct legal pathways for injured workers.

Path 1: Workers’ Compensation Claims

If your employer carries workers’ compensation insurance, you can file a claim for benefits that typically include:

• Medical expenses coverage
• Partial wage replacement (usually 66⅔% of your average weekly wage)
• Disability benefits for permanent impairments

The Process: You must file Form DWC 041 with the Texas Department of Insurance: Division of Workers' Compensation. Workers' comp is designed to provide prompt benefits, but it limits your ability to sue your employer for negligence.

Path 2: Non-Subscriber Lawsuits (Often More Valuable)

If your employer has not subscribed to workers’ compensation coverage, you can sue them and seek full compensation. This path often provides significantly higher compensation because:

• No Damage Caps: Unlike workers’ comp, there is no limit on what you can recover.
• Full Wage Replacement: You can recover 100% of your lost wages, not just partial benefits.
• Pain and Suffering: You can claim compensation for physical pain and emotional distress.
• Punitive Damages: In cases of gross negligence, additional damages may apply to punish the employer.

Non-subscriber employers lose key legal defenses and have no immunity against most employee injury lawsuits, making these cases often more favorable for injured workers.

Immediate Steps After a Workplace Injury

Taking the right steps immediately after your injury can protect your health, your job, and your legal rights.

1. Get medical attention: Seek immediate medical care, even if your injuries seem minor.
2. Report the injury: Notify your supervisor or employer immediately, preferably in writing.
3. Document everything: Take photos of the accident scene, your injuries, and any dangerous conditions. Get contact information from witnesses. Keep all medical records, bills, and communications.
4. Determine your employer’s insurance status: Find out if your employer has workers’ compensation coverage by checking your employee handbook or calling the Texas Workforce Commission.
5. Be cautious with statements: Insurance representatives may contact you quickly, asking for recorded statements. Be careful—anything you say can be used to minimize your claim.
6. Consult with an attorney: Contact an experienced workplace injury attorney as soon as possible.

For detailed guidance on each step, read our article on what to do after a work injury.

Why You Need an Austin Workplace Accident Attorney

Insurance companies use specific tactics to minimize payouts to injured workers. Without experienced legal representation, you may fall victim to these tactics and risk undervaluing your claim.

Common Insurance Company Tactics:

• Rushing You to Settle: They may make quick, lowball settlement offers before you understand the full extent of your injuries.
• Recorded Statements: They use your words against you to claim your injuries are less severe than they are.
• Surveillance: They may follow you to find evidence that contradicts your injury claims.
• Delaying Tactics: They drag out the process hoping you’ll accept less compensation due to financial pressure.

How Our Austin Workplace Injury Attorneys Protect You:

• Thorough Case Investigation: We gather all evidence, interview witnesses, and work with experts to build your strongest case.
• Accurate Claim Valuation: We calculate the full value of your claim, including future medical costs and lost earning capacity.
• Insurance Company Communications: We handle all communications so nothing you say can be twisted against you.
• Maximizing Your Recovery: Our goal is to secure the highest possible compensation for your specific situation.

Common Workplace Accidents & Employer Liability

Employers can be held responsible for injuries caused by their negligence, including:

• Inadequate Safety Training: Failing to properly train employees on equipment and safety procedures.
• Unsafe Working Conditions: Ignoring known hazards or OSHA violations.
• Defective Equipment: Providing faulty tools or machinery without proper maintenance.
• Insufficient Staffing: Not providing adequate personnel for dangerous tasks.
• Failure to Follow Safety Regulations: Violating federal or state workplace safety standards.

We have experience handling cases involving a wide range of common injuries, from construction accidents and oilfield accidents to falls and exposure to harmful substances.

Comprehensive Compensation for Your Losses

Workplace injuries can result in significant financial and personal losses. Depending on your specific circumstances, you may be entitled to compensation for:

• All medical expenses, including ongoing treatment and rehabilitation
• Lost wages and diminished future earning capacity
• Physical pain and suffering
• Mental anguish and emotional distress
• Permanent disability or disfigurement
• Loss of quality of life

Find out how to obtain compensation for your workplace injury in our blog post.

Why Choose Briggle & Polan, PLLC?

When selecting an Austin workplace accident attorney, you need proven trial lawyers who insurance companies take seriously. Here’s what sets us apart:

Trial-Tested Advocacy That Gets Results:

• Our founding partners, Hayden Briggle and Parker Polan, are experienced trial attorneys fully prepared to take your case to court. Insurance companies know we mean business—leading to maximum recoveries for our clients.

Proven Track Record of Success:

• We've secured millions of dollars in settlements and jury verdicts for injured workers, including notable recoveries like $1,800,000 for a delivery truck accident and $1,531,710 for a work accident causing brain injury.

Personalized, Client-Focused Care:

• You'll work directly with our Austin workplace injury attorneys—never passed off to an assistant or paralegal. We provide dedicated, one-on-one attention and are available 24/7.

No Financial Risk to You:

• We operate on a strict contingency fee basis: "If We Don't Win, You Won't Pay." We front all case preparation costs, ensuring no financial barriers prevent you from pursuing the compensation you deserve.

Award-Winning Legal Excellence:

• Both Hayden Briggle and Parker Polan consistently earn prestigious recognitions, including Super Lawyers® (Top 5% of Texas attorneys), National Trial Lawyers Top 100, and Avvo 10.0 Ratings.

Who is Liable for On-the-Job Injuries?

Employers can be held liable for accidents and injuries that were caused by:

• Failure to provide adequate manpower to complete tasks
• Failure to warn of potentially dangerous situations
• Failure to provide safety tools and machinery
• Failure to properly train employees