Workplace Injury Lawyers in Austin, Texas
Workplace injuries can range from minor incidents to life-changing accidents. While workers' compensation provides some benefits, it often doesn't fully cover your losses. If a third party (equipment manufacturer, subcontractor, property owner) contributed to your injury, or if your employer doesn't carry workers' comp insurance, you may have additional legal options beyond the standard workers' comp claim.
Workplace Injury Law in Texas
Texas has its own distinct legal landscape that affects personal injury cases. The state follows a modified comparative fault rule — you can recover damages as long as you are not more than 50% responsible for the incident. Texas also has specific caps on certain types of damages in medical malpractice cases, and a two-year statute of limitations for most personal injury claims.
Key Texas Statutes
- Two-year statute of limitations for personal injury (Texas Civil Practice and Remedies Code, Chapter 16)
- Modified comparative fault — recovery barred if you are 51% or more at fault (Chapter 33)
- Medical malpractice non-economic damage caps of $250,000 per provider, $500,000 for hospitals (Chapter 74)
- Texas is a "fault" state for car accidents — you can file against the at-fault driver
- Employers may opt out of workers' compensation — Texas is the only state that allows this
Common Workplace Injury Situations in Austin
- Construction site accidents
- Industrial equipment injuries
- Falls from heights
- Repetitive stress injuries
- Toxic exposure and occupational illness
- Warehouse and loading dock accidents
Frequently Asked Questions
Can I sue my employer for a workplace injury?
This turns on your state. Texas is unusual in letting employers opt out of workers' compensation. If your employer is a "non-subscriber," you can sue them directly. If they carry workers' comp, your options may be limited to filing a workers' comp claim, but you may have claims against third parties.
What if my employer doesn't have workers' compensation?
Most states require employers to carry workers' compensation; a few, including Texas, do not. If your employer is a non-subscriber and you're injured, you can file a personal injury lawsuit directly against them, and they lose many of the legal defenses normally available.
This page is for informational purposes only and does not constitute legal advice. No two situations are the same — consult a qualified attorney for guidance on yours.
Find a Workplace Injury Lawyer in Austin
Describe your situation and get matched with an experienced Austin workplace injury attorney.
Free, always. No account needed to get started.