Austin Workplace Accident Attorneys

Fighting for Workplace Accident Victims Beyond the Limits of Workers’ Comp

If you suffered a serious injury on the job in Austin, your legal options extend beyond limited workers’ compensation benefits. Many Texas employers are non-subscribers, opening the door to full negligence lawsuits. You may also be able to sue third-parties for negligence.

At LGR, our Austin workplace accident attorneys focus on maximizing recovery through complex third-party claims and non-subscriber lawsuits. Contact us today for a free consultation to hold negligent parties accountable and secure your financial future.

Workplace Accident Civil Lawsuits vs. Workers’ Compensation Claims

When an Austin worker is injured on the job, they face two distinct legal paths for recovery: a claim under the state’s workers’ compensation system and a civil lawsuit (a personal injury claim). 

Because Texas makes workman’s comp coverage optional for most private employers (known as non-subscribers), understanding this difference is the most critical factor in maximizing compensation.

Workers’ Compensation: The No-Fault System

Workers’ Compensation is a state-regulated, no-fault insurance system. It provides immediate, defined benefits regardless of who caused the accident.

• Benefits: Coverage is strictly limited to medical bills and a portion of lost wages.
• Limitation: It does not allow recovery for pain and suffering (non-economic damages) or the full value of future lost income.
• Employer Immunity: In exchange for providing this coverage, the employer receives immunity from most negligence lawsuits filed by the employee.

Keep in mind that while covered employers are immune from most negligence lawsuits, there are exceptions. It’s important to work closely with an Austin workplace injury lawyer to access all paths to receiving compensation.

Civil Lawsuits: The Path to Full Recovery

A civil lawsuit (or personal injury claim) is required to secure comprehensive compensation, including non-economic damages. This path is viable in two key scenarios:

1. Non-Subscriber Lawsuit: If the employer does not carry workers’ compensation insurance, they lose their legal immunity and can be sued directly by the employee for negligence. 
2. Third-Party Liability Claim: Even if the employer has workers’ comp, the injured worker can sue a party other than their employer or a co-worker. This allows the worker to collect both limited workers’ comp benefits and full civil damages.

Choosing the correct legal path is essential to avoid limiting a serious and catastrophic injury claim in Terrell to inadequate benefits.

How LGR’s Austin Workplace Accident Lawyers Can Help You

The aftermath of a serious workplace injury often involves a battle against both corporate interests and complex legal loopholes. At LGR, our understanding of Texas workplace law provides the distinct advantage needed to secure maximum compensation for injured workers.

Identifying Hidden Third-Party Claims

Our firm understands that most construction sites or industrial facilities involve multiple subcontractors and general contractors. Our first priority is a thorough investigation, going beyond the direct employer to identify third parties whose actions caused the injury. 

Successfully suing these third parties allows you to recover full damages, including pain and suffering, which are barred under workers’ compensation in Texas.

Navigating Non-Subscriber and Coverage Disputes

Because Texas allows many private employers to “opt-out” of the workers’ compensation system (becoming non-subscribers), your rights might be stronger than you think. 

If your employer is a non-subscriber, we can file a direct negligence lawsuit, significantly increasing the potential recovery. Even if your employer claims coverage, we investigate the policy to challenge disputes and ensure benefits are paid fairly. 

Our aggressive, fact-based approach is designed to overcome the defenses used by large companies and their insurers to protect your financial stability.

• Non-Subscriber Lawsuits: We sue employers directly when they lack workers’ comp, maximizing compensation.
• Third-Party Litigation: We identify and sue negligent contractors, property owners, and manufacturers for full civil damages.
• OSHA Violation Analysis: We use federal safety violation reports as powerful evidence of negligence to build your case.
• Full Damages Recovery: We pursue compensation for all lost wages, future earning capacity, and pain and suffering.

Compensation in Texas Workplace Accident Civil Lawsuits

When a worker files a civil workplace accident lawsuit, they can recover comprehensive damages far exceeding the limited benefits of workers’ compensation. This path is crucial for survivors of serious and catastrophic injuries who face lifelong financial needs.

Economic Damages

Unlike Texas workers’ comp, which pays only a portion, a civil suit covers all past lost income and diminished earning capacity over a lifetime. It also provides coverage for medical costs like emergency care, surgeries, rehabilitation, and long-term life-care expenses.

Non-Economic Damages

These intangible losses are not available through a workman’s comp claim in Texas. They often make up the majority of a workplace injury claim. 

• Pain and Suffering: Compensation for all physical pain, chronic discomfort, and lasting physical impairment.
• Mental Anguish: Recovery for emotional trauma, anxiety, and PTSD resulting from the incident.
• Disfigurement: Compensation for severe scarring, burns, or loss of limb, recognizing the impact of permanent physical changes.
• Loss of Enjoyment of Life: Damages for the inability to participate in hobbies, sports, social activities, and normal daily living that were enjoyed before the workplace injury.
• Loss of Consortium: Compensation for the victim’s spouse, addressing the detriment to the marital relationship, including loss of companionship, affection, and support.
• Physical Impairment/Disability: Damages for the lasting functional limitation of a body part that inhibits the ability to engage in activities beyond just working.

Punitive Damages

Available in cases of gross negligence to punish egregious conduct. These damages are not intended to compensate the victim, but they can be included in a demand for recovery. 

Punitive damages may be awarded if a construction company, knowing a scaffold was unstable and violating OSHA codes, ordered a worker onto it anyway, demonstrating gross negligence and conscious disregard for the worker’s safety.

Workplace Accident Cases We Handle in Austin

Austin’s booming economy, fueled by construction and manufacturing, unfortunately correlates with a high number of serious workplace accidents. Our workplace accident law firm in Terrell and Austin focuses on cases where negligence by an employer or a third party resulted in catastrophic injuries.

• Falls from Heights: The leading cause of construction fatalities, stemming from unsecured scaffolding, faulty ladders, or lack of mandated fall protection (OSHA violations)
• Electrocutions/Electrical Injuries: Caused by exposed live wires, ungrounded equipment, or contact with overhead power lines on job sites
• Struck-By Accidents: Workers hit by falling debris, swinging crane loads, or heavy materials due to improper securing or machinery failure.
• Crush Injuries/Caught-In-Between: Accidents where a worker is crushed by collapsing trenches, heavy machinery, or becomes entangled in manufacturing equipment
• Equipment Failure: Injuries (often amputations or severe fractures) caused by defective power tools, industrial machinery, or construction vehicles due to manufacturing flaws
• Toxic Exposure: Long-term illnesses or burns resulting from exposure to hazardous substances like asbestos, lead, or unventilated chemicals
• Workplace Vehicle Accidents: Collisions involving forklifts, company trucks, or motor vehicles driven by negligent third parties on or near the job site

Common Workplace Injuries Suffered by Victims in Austin

The inherent dangers of construction, industrial, and transportation industries in the Austin area lead to a high rate of severe and catastrophic workplace injuries, which include:

• Traumatic Brain Injuries (TBIs)
• Spinal Cord Injuries (SCIs)
• Amputations
• Severe Burns and Electrocution
• Complex Bone Fractures
• Internal Organ Damage
• Repetitive Stress Injuries