If you were injured on the job in Texas, you might have questions about your rights and legal options. Whether you work on land or offshore, state and federal laws may entitle you to benefits or financial compensation.
But securing the full compensation you deserve — and protecting your future — won’t be easy. From day one, your employer will try to avoid responsibility and limit your recovery. At Zehl & Associates, we know exactly what it takes to stand up, fight, and win for injured workers. With Billions recovered, our Texas work injury lawyers have repeatedly secured the largest verdicts and settlements in history against the biggest companies in the world, delivering justice for hardworking Texans and their families.
Here are answers to some of the most common questions we hear about workers’ rights after a job-related injury in Texas, and how we can help protect your rights after the unthinkable
What Are My Rights if I’m Injured at Work in Texas?
Texas is the only state that doesn’t require most private employers to carry workers’ compensation insurance. So, the first thing to figure out is whether your employer is part of the state workers’ comp system. If they are, you’re likely eligible for medical care and a portion of your lost wages, even if the accident was your fault.
If your employer is a non-subscriber (not part of the workers’ comp system), you might still be able to recover damages through a personal injury lawsuit or through other means.
Regardless of the system that applies to your case, you have a right to:
- Report your injury without retaliation
- Seek medical treatment
- Get legal advice about your case
- Be free from pressure to return to work before you’re ready
An attorney can help you determine your best path forward during a free consultation.
What Benefits Can I Receive Under Texas Workers’ Compensation?
If your employer is enrolled in the Texas workers’ compensation system, you may be eligible for several types of benefits, including:
- Medical benefits: Covers necessary treatment related to your workplace injury
- Income benefits: Partial wage replacement if your injury keeps you from working
- Impairment benefits: Compensation for permanent damage or loss of function
- Supplemental income benefits: Additional payments if you have ongoing financial needs after your impairment benefits end
- Death benefits: Paid to eligible family members if a worker dies on the job
Your medical care must usually be provided by doctors approved by the Texas Division of Workers’ Compensation. You should also notify your employer within 30 days of the injury and file your claim within one year.
What if My Employer Doesn’t Have Workers’ Comp?
If your employer is a non-subscriber, they can be sued directly for economic and non-economic damages. Texas law doesn’t allow non-subscribing employers to claim that the injury was partly your fault or that you assumed the risk by doing your job.
This can give you a better chance at recovering full compensation for your:
- Lost income and future earning ability
- Medical expenses
- Pain and suffering
- Physical impairment or disfigurement
However, you might need to prove negligence depending on the legal avenue you are pursuing. This might involve showing that your employer failed to train you properly, didn’t maintain safe equipment, or ignored safety protocols.
Do Different Rules Apply if I Work in an Oilfield?
Oilfield jobs are some of the most dangerous in Texas. Workers face unique hazards such as equipment failures, toxic exposure, explosions, and extreme fatigue. If you’re hurt while working in the oilfield, you may be able to file a workers’ comp claim, a personal injury lawsuit, or both, depending on who was at fault and whether they were your employer.
In many cases, third parties (such as subcontractors or equipment manufacturers) are responsible. That means even if you’re getting workers’ comp benefits, you might also be able to file a third-party claim for additional damages.
Oilfield companies are often large corporations with aggressive legal teams. Having a lawyer who understands the industry can make a major difference in how your case is handled.
What Are My Rights if I Was Injured Working Offshore?
If you work offshore (such as on an oil rig, ship, or barge), your case may fall under federal maritime law instead of Texas law. The two main legal options for injured maritime workers are:
- The Jones Act: If you’re a “seaman,” you can sue your employer for negligence if you were hurt due to unsafe conditions, poor training, or defective equipment.
- The Longshore and Harbor Workers’ Compensation Act (LHWCA): If you aren’t a seaman but work near or on navigable waters (like loading cargo), this federal program may provide wage and medical benefits.
Jones Act claims allow you to recover more than traditional workers’ comp benefits, including full lost wages and damages for pain and suffering. However, you’ll need to prove fault, and filing under the wrong law could limit your options.
Do I Need To Hire a Lawyer?
You might not need a lawyer for a minor injury that is fully covered by workers’ comp without issue. However, if your injury is serious, your employer is a non-subscriber, or your job falls under oilfield or maritime work, hiring a lawyer is strongly recommended.
A skilled personal injury attorney can:
- Determine which laws apply to your case
- Help you file on time and avoid common mistakes
- Gather the right evidence to support your claim
- Deal with insurance companies or corporate lawyers
- Pursue your recovery through negotiation or litigation
Many law firms handle work injury cases on a contingency fee basis, meaning you only pay if they win money for you.
How Long Do I Have To File a Claim?
It depends on the type of claim. Here are some general guidelines:
- Texas workers’ comp: Report your injury within 30 days, and file within one year.
- Non-subscriber lawsuit: Two-year statute of limitations.
- Jones Act: Three-year time limit.
- LHWCA claims: One year from the date of injury.
Missing a deadline can cause you to lose your right to recovery, so don’t wait to get legal advice.
Contact the Undefeated Houston Workplace Accident Lawyers from Zehl & Associates Injury & Accident Lawyers for Help Today, Call 1-888-603-3636
Don’t limit yourself to workers’ compensation benefits alone — you deserve full justice and maximum compensation. With decades of trial experience and Billions won, our undefeated Texas work injury lawyers have the resources and expertise to stand up against the largest companies in the world and win record-breaking verdicts and settlements. We’ve earned a national reputation for fighting for injured workers, including securing the #1 Largest Burn Injury Settlement in U.S. History.
Whether you’re covered under workers’ comp, need to file a negligence claim, or are protected by federal maritime laws, you have options. Let us answer your questions, explain your rights, and provide you with all the information you need to make the best decision for you and your family.
For more information, please contact our Undefeated workplace accident attorneys in Houston, Texas at Zehl & Associates Injury & Accident Lawyers to schedule a free consultation today.
We proudly serve Harris County, Midland County, and throughout the state of Texas. We are located in Houston and Midland and throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
Open 24 hours