Workplace Injury & Non-Subscriber Lawyer in Mission, TX

Texas is the only state that lets most private employers opt out of workers' compensation insurance. That surprises many injured workers. If you were hurt on the job in the Rio Grande Valley, your rights depend on whether your employer carries workers' comp. Attorney Oscar Longoria helps injured workers in Hidalgo and Starr Counties understand their options and pursue full compensation.

If Your Employer Is a Non-Subscriber

A "non-subscriber" is an employer that chose not to carry workers' compensation coverage. Many large retailers, warehouses, farms and construction companies in Texas are non-subscribers. If you were hurt working for one, you may be able to file a personal injury lawsuit against your employer for its negligence.

Under the Texas Labor Code, a non-subscribing employer loses important defenses. It generally cannot argue that:

• You were partly at fault (contributory negligence)
• You knew the job was dangerous (assumption of the risk)
• A co-worker caused the injury (the fellow-employee rule)

Texas law also limits the effect of injury waivers signed before you were hurt. Do not sign any release or settlement paperwork your employer hands you after an injury until a lawyer has reviewed it.

If Your Employer Has Workers' Comp

When your employer carries workers' comp, benefits are usually your main remedy against the employer. You should report your injury to your employer within 30 days. Even with workers' comp, you may still have a personal injury claim against someone else who caused your injury, such as:

• A driver who hit you while you were working
• A general contractor or another company on a job site
• The manufacturer of a defective machine or tool
• A property owner where you were working

Common Workplace Injuries We See in the Valley

• Falls from ladders, roofs and scaffolding
• Forklift and warehouse accidents
• Oilfield and pipeline injuries
• Agricultural and packing-shed injuries
• Delivery and commercial driving crashes
• Machinery, crush and amputation injuries
• Heat-related illness on outdoor jobs

What To Do After a Workplace Injury

1. Get medical care right away and tell the doctor how you were hurt.
2. Report the injury to your supervisor in writing and keep a copy.
3. Write down the names of witnesses.
4. Take photos of the place and equipment involved.
5. Ask whether your employer carries workers' compensation.
6. Do not sign anything before you talk to a lawyer.

Related Pages

Personal Injury Lawyer in Mission, TXSlip and Fall and Premises LiabilityWrongful Death LawyerAbogado de Accidentes (Español)

Attorney responsible for this content: Oscar Lee Longoria Jr., Law Office of Oscar Longoria, PLLC, 2028 E. Griffin Parkway, Mission, Texas 78572.