How Parker Law Firm Injury Lawyers Helps After a Workplace Accident in Fort Worth
Our Fort Worth workplace accident lawyers figure out every source of compensation available to you and pursue it. After a work injury, many people assume workers’ comp is their only option. In Texas, that is often not true.
When you hire us, we:
- Determine whether your employer carries workers’ compensation or is a non-subscriber
- Investigate the accident and identify every responsible party
- Gather safety records, inspection reports, witness statements, and medical records
- Handle communication with employers and insurance companies
- Calculate the full value of your losses
- Negotiate a settlement or take your case to trial
We work on a contingency fee, so you don’t owe attorney’s fees unless we recover compensation for you. We serve all of Fort Worth and Tarrant County.
Workers’ Comp or a Lawsuit: How Do I Get Compensation After a Work Injury?
You can recover compensation through workers’ compensation, a personal injury lawsuit, or both, depending on your employer’s coverage and who caused the accident. Texas is unusual because most private employers can choose not to carry workers’ compensation.
If your employer carries workers’ compensation, you can claim benefits regardless of fault, including:
- Medical treatment
- Temporary income benefits
- Impairment, supplemental, and lifetime income benefits
- Death benefits for families
These benefits have limits set by state law. Income benefits generally replace only part of your average weekly wage, and they don’t pay for pain and suffering. In exchange, you usually give up the right to sue your employer.
You may be able to file a personal injury lawsuit if:
- Your employer is a non-subscriber (does not carry workers’ compensation)
- A third party, not your employer, caused or contributed to the accident
For a closer look at the choice, read Should I File a Workers’ Comp or Personal Injury Claim in Texas?
Who Can Be Liable for a Workplace Accident?
Anyone whose negligence contributed to your accident may be liable. Most workplace accidents happen because someone failed to provide safety equipment, failed to inspect machinery, failed to train workers, or ignored OSHA and state safety rules. Potentially liable parties include:
- Your employer, if it is a non-subscriber
- General contractors and subcontractors
- Property owners
- Architects and engineers
- Equipment mechanics and maintenance companies
- Drivers who cause crashes while you are on the job
If defective equipment or machinery caused your injury, the manufacturer may be responsible under Texas product liability law, which generally doesn’t require proof of negligence for a defective product.
Workplace Accidents We Handle in Fort Worth
We represent workers injured in offices, warehouses, factories, construction sites, and on the road. Common cases include:
- Construction accidents and falls from heights
- Industrial and manufacturing accidents
- Machinery and equipment accidents
- Forklift and warehouse accidents
- Work-related truck and vehicle crashes
- Slips and falls at work
- Falling objects
- Electrocutions, burns, and explosions
- Toxic chemical exposure
According to the Texas Department of Insurance, 533 workers were killed on the job in Texas in 2021, up from 469 the year before.
What If I Was Partly to Blame for My Work Injury?
Partial fault usually won’t stop you from recovering. Workers’ compensation is a no-fault system, so benefits are paid regardless of who caused the accident.
In a personal injury lawsuit, Texas follows modified comparative fault. If you are 50% or less at fault, your damages are reduced by your share. At 51% or more, you recover nothing. Employers and insurers often blame the injured worker, so we gather evidence about training, staffing, equipment, and safety practices to answer that claim.
What Damages Can I Recover in a Workplace Injury Lawsuit?
A lawsuit lets you seek the full value of your losses, not just the capped benefits workers’ compensation pays. That can include economic damages:
- Past and future medical bills
- Lost wages and reduced earning capacity
- Rehabilitation and nursing care
And non-economic damages:
- Pain and suffering
- Emotional distress, including PTSD
- Disfigurement, scarring, and disability
- Reduced quality of life
Punitive damages may be available in limited cases involving gross negligence or intentional conduct.
Common Workplace Injuries
Work accidents often cause serious injuries that keep people off the job for months or permanently. We frequently see:
- Broken bones
- Back and spinal cord injuries
- Traumatic brain injuries
- Nerve damage
- Burns and amputations
- Crush injuries
If you lost a family member in a workplace accident, see our wrongful death page.
How Long Do I Have to File a Workplace Accident Claim in Texas?
Deadlines depend on the type of claim. For workers’ compensation, notify your employer within 30 days of the injury and file your claim within one year. For a personal injury lawsuit, you generally have two years from the date of the accident. Report the injury in writing, get medical care, and talk to a lawyer before you sign anything from your employer or its insurer.
About Brad Parker
Fort Worth Workplace Accident FAQs
Does every Texas employer have workers' compensation insurance?
No. Unlike most states, Texas does not require most private employers to carry workers' compensation. Employers who opt out are called non-subscribers. If your employer carries coverage, you can claim medical and income benefits, but you generally can't sue your employer. If your employer is a non-subscriber, you may be able to sue it for negligence.
Can I sue someone other than my employer for a workplace injury?
Yes, if a third party's negligence caused or contributed to your injury. Third parties can include general contractors, subcontractors, property owners, equipment manufacturers, maintenance companies, and drivers who cause crashes while you are working. A third-party claim can be brought even if you also receive workers' compensation benefits.
What if I was partly at fault for my workplace accident?
Fault generally doesn't affect workers' compensation benefits. In a personal injury lawsuit, Texas uses modified comparative fault. If you are 50% or less at fault, your compensation is reduced by your share. If you are 51% or more at fault, you recover nothing from that defendant.
How long do I have to file a workplace injury claim in Texas?
It depends on the claim. For workers' compensation, you should notify your employer within 30 days of the injury and file your claim within one year. For a personal injury lawsuit, you generally have two years from the date of the accident. Missing a deadline can end your claim, so act early.
What compensation can I get in a workplace injury lawsuit?
A lawsuit can seek damages that workers' compensation doesn't pay. That includes full lost wages and lost earning capacity, medical bills, rehabilitation, nursing care, pain and suffering, emotional distress, disfigurement, and reduced quality of life. Workers' compensation pays medical care and partial income benefits that are capped by state law.
How much does a workplace accident lawyer cost?
We handle workplace injury lawsuits on a contingency fee. You pay nothing upfront and don't owe attorney's fees unless we recover compensation for you. Our fee will never exceed your recovery, and we explain the exact terms in writing before we begin.
Visit Our Fort Worth Office
Parker Law Firm Injury Lawyers – Fort Worth Office
209 N Hampton St, Fort Worth, TX 76102
- Monday – Friday 8:00 am – 5:00 pm
- Saturday – Sunday Closed