Workers’ compensation covers some of what you lost — but rarely all of it. When a workplace injury was caused by a third party (a contractor, equipment manufacturer, property owner), you have the right to pursue a separate personal injury claim that recovers what workers’ comp won’t: full pain and suffering, full lost earning capacity, and punitive damages in egregious cases.
Texas Legal Giants represents injured workers throughout Greater Houston on a contingency basis. No fee unless we win.
Texas is the only state that does not require employers to carry workers’ compensation. If your employer is a “non-subscriber” and you are injured, you can sue your employer directly for negligence — and they cannot use the defenses of contributory negligence, assumption of risk, or the fellow servant rule. Non-subscriber cases can result in significantly higher recovery than workers’ comp.
Common Workplace Accident Types We Handle
Construction Falls
Falls from scaffolding, ladders, roofs, and elevated platforms. OSHA violations by general contractors, subcontractors, or site owners create liability beyond workers’ comp.
Struck-By Accidents
Workers hit by vehicles, falling objects, cranes, and moving equipment. Common in construction, oilfield, and warehouse environments. Often involve equipment manufacturer liability.
Machinery and Equipment Injuries
Crush injuries, amputations, and entanglement from manufacturing equipment, forklifts, and industrial machinery. May include product liability claims.
Oilfield Accidents
Blowouts, explosions, falls, and struck-by incidents on drilling and production sites. Houston’s energy sector produces a high volume of serious claims with multiple liable parties.
Electrical Accidents
Electrocution and arc flash injuries from unguarded systems, OSHA violations, or defective equipment. Severe injuries with permanent neurological and burn consequences.
Toxic Exposure
Occupational exposure to asbestos, chemicals, welding fumes, and other hazardous substances causing mesothelioma, lung disease, and other long-latency occupational illnesses.
Can I sue someone besides my employer for a workplace injury in Texas?
Yes — if a third party caused or contributed to your injury, you can pursue a personal injury claim against them regardless of workers’ compensation. Common third-party defendants include: general contractors, equipment manufacturers, property owners, delivery companies, and staffing agencies. Third-party claims are not limited by workers’ comp and can recover pain and suffering, full lost earning capacity, and punitive damages.
What happens to my workers’ comp claim if I also have a third-party lawsuit?
You can pursue both simultaneously. Your workers’ comp carrier has a subrogation right — if you recover from a third party, the carrier may be reimbursed for what it paid you. We manage this subrogation claim as part of the case to maximize your net recovery. In many cases, the third-party settlement is large enough that even after subrogation repayment, you receive far more than workers’ comp alone would provide.
How Employers and Third Parties Fight Workplace Injury Claims
Frequently Asked Questions
What is the statute of limitations for a workplace injury lawsuit in Texas?
Two years from the date of injury for personal injury claims under Texas Civil Practice & Remedies Code §16.003. Workers’ comp claims have separate administrative deadlines. Contact an attorney immediately after a serious workplace injury to protect both claims.
My employer doesn’t have workers’ comp — what are my options?
Non-subscriber employers can be sued directly for negligence, and cannot use the standard defenses of contributory negligence, assumption of risk, or the fellow servant rule. These are typically very favorable cases for injured workers. We handle non-subscriber claims throughout Greater Houston.
Can I be fired for filing a workplace injury claim in Texas?
Retaliating against an employee for filing a workers’ compensation claim is illegal under Texas Labor Code §451.001. If you are fired after reporting an injury or filing a claim, you may have a retaliation claim in addition to your injury claim.
What damages can I recover in a third-party workplace injury lawsuit?
Unlike workers’ comp, a third-party personal injury claim recovers: full medical expenses, full lost earning capacity, pain and suffering, mental anguish, disfigurement, and in cases of gross negligence — punitive damages. The difference between comp and full third-party recovery can be substantial.
I was injured on a construction site but work for a subcontractor — can I sue the general contractor?
Often yes. General contractors owe a duty of care to all workers on their site and can be liable for unsafe conditions, failure to enforce safety protocols, and negligent supervision — one of the most common third-party workplace injury scenarios in Houston’s construction industry.
Related Practice Areas
Workplace Accident Resources
BJ Kemp
Texas State Bar #24116608 • Houston, TX
BJ Kemp represents injured workers throughout Greater Houston in third-party workplace injury claims and non-subscriber employer lawsuits — pursuing the full compensation workers’ comp alone cannot provide. Contingency basis — nothing unless we win.
(346) 971–7333 — Free Consultation