A workplace injury can turn life upside down in an instant. One day, an employee is performing regular tasks; the next, they may be dealing with medical bills, missed wages, and physical pain.
The emotional and financial toll can be overwhelming, especially when the injury affects long-term workability. Many employees don’t immediately know what steps to take or what rights they have under Texas law. That uncertainty can make recovery even harder.
That’s where professional legal guidance makes a difference. At Guerra Law Firm PC, we help injured workers in McAllen, Texas, and throughout Southern Texas understand their rights and pursue the compensation they deserve.
With Attorney Manuel Guerra, our firm works to protect the financial security of injured employees and their families. Whether the injury resulted from a construction accident, machinery malfunction, or repetitive stress, we’re here to help clients move forward with confidence.
Reach out to us today to start your path toward recovery and fair compensation.
Legal Rights of Injured Workers
When an employee suffers a workplace injury, they have certain rights under Texas law that protect their health and livelihood. Texas is unique in that employers aren’t always required to carry workers’ compensation insurance, which means the process for pursuing benefits can vary depending on the situation.
In general, workers may have two main options for compensation: filing a workers’ compensation claim (if the employer subscribes to coverage) or pursuing a personal injury lawsuit (if the employer is a non-subscriber or a third party caused the injury).
Both options can cover medical expenses, lost income, and rehabilitation costs, but they follow different procedures and legal standards. Understanding which path applies to your case is the first critical step in protecting your right to fair compensation.
Workers’ Compensation Claims in Texas
Texas workers’ compensation is designed to provide financial support to employees injured on the job without requiring them to prove employer fault. However, the process can be strict and time-sensitive.
Workers typically need to report their injury to their employer within 30 days and file a formal claim with the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC). Compensation may include:
Medical benefits: Coverage for doctor visits, surgeries, medication, and rehabilitation.
Income benefits: Partial wage replacement for time missed from work.
Impairment income benefits: Compensation for permanent loss of bodily function.
Supplemental income benefits: Extended payments for long-term impairment that limits earning ability.
Each benefit has specific eligibility rules, and documentation plays a key role in determining what a worker receives. Working with an experienced attorney can help avoid delays and denials that often occur when paperwork or deadlines are missed.
In cases where an employer does not carry workers’ compensation insurance, the situation becomes more complicated, as employees must often file a lawsuit to recover damages. That’s where understanding the difference between subscriber and non-subscriber employers becomes vital.
Filing Claims Against Non-Subscriber Employers
In Texas, some employers choose not to participate in the state’s workers’ compensation system. These non-subscriber employers may still be legally responsible for employee injuries, but claims must be handled through civil court rather than the workers’ compensation process.
When filing a lawsuit against a non-subscriber employer, the injured worker must prove that the company’s negligence contributed to the injury. Common examples include unsafe working conditions, inadequate training, or defective equipment.
Key elements of a negligence claim may include:
Duty of care: The employer had a responsibility to maintain a safe workplace.
Breach of duty: The employer failed to meet safety standards or provide proper protection.
Causation: The breach directly caused the injury.
Damages: The worker suffered measurable harm, such as medical costs or lost wages.
One advantage of filing against a non-subscriber is that certain defenses (like claiming the worker’s negligence caused the injury) may not apply. However, these cases often require extensive evidence and legal strategy, making professional legal representation essential.
Third-Party Liability for Workplace Injuries
Not all workplace injuries are caused solely by an employer’s actions. In some cases, a third party—such as a contractor, property owner, or product manufacturer—may share responsibility.
For instance, if an employee is injured by faulty machinery, the manufacturer could be held liable under product liability laws. Or, if a subcontractor’s negligence leads to an accident on a construction site, they may be named in a separate lawsuit.
Examples of third parties that may be held liable include:
Equipment manufacturers: For defective or poorly designed tools and machinery.
Property owners: For unsafe conditions at job sites.
Contractors or vendors: For failing to follow safety protocols.
Drivers: For vehicular accidents involving company transportation.
By identifying all potentially liable parties, an attorney can help maximize compensation, especially in cases where workers’ compensation benefits fall short of covering total losses.
Types of Compensation Available
Workers may be eligible for several types of compensation depending on how their injury occurred and the legal avenue pursued.
Common categories of compensation include:
Medical expenses: Reimbursement for hospital stays, surgeries, therapy, and prescriptions.
Lost wages: Compensation for income lost during recovery.
Loss of earning capacity: Payment for reduced ability to work in the future.
Pain and suffering: Damages for physical and emotional distress.
Permanent disability: Financial support for lasting impairment or loss of function.
When an injury results in a long-term or permanent disability, benefits can extend for years, providing stability for the injured worker and their family. Calculating these damages accurately requires documentation such as medical reports, expert evaluations, and employment records.
Common Mistakes Workers Make After an Injury
After an accident, emotions and confusion often lead to unintentional missteps that can hurt a compensation claim. Taking the right actions early on can make a major difference in the outcome.
Common mistakes to avoid include:
Failing to report the injury promptly: Waiting too long to notify the employer can forfeit the right to benefits.
Not seeking medical treatment immediately: Delays can create doubt about the injury’s seriousness or cause.
Signing documents without legal advice: Some employers or insurers may offer settlements that undervalue the claim.
Posting on social media: Online statements or photos can be used against the injured worker.
Ignoring doctor’s orders: Not following prescribed treatment may lead to benefit denial.
By avoiding these errors and consulting an attorney early, injured workers can protect their rights and strengthen their claim from the start.
How Attorneys Help Injured Workers
Legal representation can make a significant difference in the outcome of a workplace injury claim. Attorneys understand how to collect evidence, meet deadlines, and challenge unfair denials.
Attorneys assist injured workers by:
Investigating the accident: Gathering witness statements, photos, and reports.
Evaluating claims: Identifying all sources of compensation, including third-party liability.
Communicating with insurers: Handling paperwork and negotiations to avoid errors or bad-faith tactics.
Representing clients in hearings or court: Advocating for fair outcomes when disputes arise.
Working with a law firm helps level the playing field against employers and insurers who may try to minimize payouts. For workers focusing on recovery, having someone manage the legal process can provide peace of mind and financial protection.
Long-Term Impact of Workplace Injuries
A serious workplace injury doesn’t just affect an employee’s current job—it can reshape their entire future. Chronic pain, limited mobility, or post-traumatic stress can reduce a person’s earning potential and quality of life.
Compensation from a personal injury or workers’ compensation claim isn’t just about covering immediate medical bills—it’s about securing stability for years to come. Rehabilitation programs, adaptive equipment, and retraining opportunities can help injured workers re-enter the workforce and regain independence.
Attorneys play a crucial role in identifying long-term needs and advocating for compensation that supports ongoing recovery.
When to Seek Legal Assistance
It’s best to contact a personal injury lawyer as soon as possible after a workplace accident. Early legal guidance helps preserve evidence, meet filing deadlines, and prevent costly mistakes.
Even if an injury seems minor, symptoms can worsen over time or reveal deeper damage. Legal advice can clarify whether to pursue workers’ compensation, a lawsuit, or both. Waiting too long may limit options or reduce the compensation available.
If you’re unsure about your rights or the strength of your case, scheduling a consultation can offer clarity and direction.
Contact an Experienced Workplace Injury Lawyer
Recovering from a workplace injury is never easy, but you don’t have to go through it alone. At Guerra Law Firm PC, we help injured workers across McAllen and throughout Southern Texas pursue fair compensation and rebuild their lives.
We work tirelessly to help clients secure medical care, lost income, and long-term financial support. Whether you’re dealing with a denied claim, an uninsured employer, or a serious injury, our firm provides guidance every step of the way.
Reach out to us today to discuss your situation and learn how we can help you pursue the compensation you’re entitled to after a workplace injury.
