Workplace Injury Lawyer Houston
PRACTICE AREAS
Texas leads the nation in on-the-job injuries and workplace fatalities. Houston’s concentration of refineries, construction, maritime, oil and gas, petrochemical, and other industrial operations makes it one of the most dangerous areas for workers in the country. If you were injured on the job, a Houston workplace injury lawyer at Reich & Binstock can help you seek maximum compensation for your injuries, including the full compensation you deserve for lost wages, pain and suffering, and other damages. Our legal team includes Dennis C. Reich and Robert J. Binstock. Both are board-certified personal injury trial lawyers with a decades-long track record of securing multi-million dollar settlements and verdicts.
We offer free case evaluations and handle work injury claims on a contingency fee basis, meaning you pay nothing unless we secure financial compensation for you.
Schedule a free consultation: call 713-622-7271 or use our contact form.
Get the Full Amount You're Owed.
Texas doesn't mandate workers' comp — and the state leads the nation in workplace fatalities. Whether you were burned at a refinery, fell on a construction site, or were exposed to toxic chemicals, our board-certified trial attorneys pursue every dollar available under Texas law.
Call (713) 622-7271 — Free Case ReviewNavigate directly to the section most relevant to your situation.
Why There’s a Higher Risk of Workplace Injuries in Houston
Texas leads the nation in workplace fatalities, and has done so since 2009, according to Bureau of Labor Statistics data. First-year employees account for ~36% of on-the-job injuries.
The Houston Ship Channel and Galveston Bay Area is the second-largest petrochemical complex in the world, stretching 52 miles. It supports hundreds of facilities that handle hazardous materials, operate pressurized systems, and operate heavy machinery. This creates a constant risk of explosions, fires, exposure, and other industrial plant injuries in Houston.
Heat-related illnesses, including heat strokes, dehydration, and cardiac events, are common workplace injuries for oilfield, dock, and construction workers.
OSHA workplace safety data shows there were around ~5,300 fewer inspections than in prior years. Texas is the only state that doesn’t require employers to carry workers’ compensation insurance. So, naturally, the recent Texas Department of Insurance reports show a rise in severe injury cases involving workplace accidents.
Our Houston workplace injury lawyers help injured workers and families who have lost loved ones pursue compensation directly from employers, contractors, or other negligent parties. Contact our law firm to discuss your case.
Workers’ Compensation Claims for Injured Employees in Houston
Texas Does Not Require Employers to Carry Workers' Compensation Insurance
Texas is the only state that doesn’t require employers to provide workers’ compensation coverage.
An employer is a “non-subscriber” if they opt out of the workers’ compensation system. According to the Texas Department of Insurance program, a significant percentage of Texas employers do not carry workers’ compensation insurance.
If your employer is a non-subscriber, the injured employee’s legal options for financial recovery differ fundamentally. Instead of being limited to workers’ compensation benefits, workers can file personal injury claims against employers. Civil lawsuits allow victims to seek compensation for all the benefits, including pain and suffering, complete lost wages, medical bills, future medical expenses, and more.
When employers carry workers’ comp insurance, Texas law bars employee lawsuits. However, surviving family members can sue a negligent employer’s insurance carrier if an employee’s injuries are fatal, regardless of workers’ comp coverage.
The Texas Division of Workers’ Compensation oversees the workers’ compensation system for those whose employers participate. Our work injury attorneys in Houston have the legal knowledge to determine whether you can pursue personal injury claims outside of workers’ compensation benefits.
What Workers' Comp Covers (and What It Doesn't)
If your employer does carry workers’ compensation, benefits include medical treatment and a portion of lost income. Those injured in work-related accidents receive one or more of the following types of workers’ compensation benefits, depending on the case:
- Temporary Income Benefits (TIBs)
- Impairment Income Benefits (IIBs)
- Supplemental Income Benefits (SIBs)
- Lifetime Income Benefits (LIBs)
- Medical benefits for approved treatment
For worker injuries occurring through 2026, the maximum compensation for TIBs is $1,273.
Texas workers’ compensation claims don’t provide benefits for
- non-economic damages like pain and suffering, emotional trauma, or loss of quality of life
- Full wage replacement – benefits are capped at the greater of $1,273 or 70%
- punitive damages
The Texas Division of Workers’ Compensation imposes strict deadlines for filing a workers’ compensation claim. Injured workers must report the injury to employers or insurance companies within 30 days and file a claim within one year.
Denied Workers' Compensation Claim
Workers’ compensation claims can be denied for a number of reasons:
late reporting
employer or insurance company disputing that the injury occurred at work
disagreements over the workplace injury’s severity
challenges tied to pre-existing conditions
The Texas Division of Workers’ Compensation’s appeals process for denied workers’ compensation claims involves the following:
- Benefit Review Conference (BRC): Informal mediation between the victim, the employer’s insurance company’s representative, and a Texas Division of Workers’ Compensation benefits review officer.
- Contested Case Hearing (CCH): The victim’s legal counsel and the workers’ comp benefits officer present evidence before a judge. There are strict deadlines, including exchanging evidence within 15 days and submitting interrogatories at least 20 days before.
- Appeals Panel Review: If either disagrees with the decision, they have 15 days to continue the appeals process via a written appeal. No new contested case hearing is held, and the DWC issues a decision within 45 days.
- Judicial Review: If the decision is still wrong, the appeals process continues to a Texas district court.
Every step of the workers’ compensation appeals process has its own rules. Your employer’s insurance carrier will have its own legal team to provide limited benefits from the insurance claim. Having an experienced Houston workers’ compensation lawyer is crucial to ensuring you receive the income and medical benefits you deserve.
When to Contact a Houston Workers' Compensation Lawyer
The Texas workers’ compensation system is designed to provide limited benefits. Workers’ comp insurance companies have skilled insurance adjusters and attorneys working to limit their financial losses immediately. A Houston workers’ compensation attorney can help clients preserve evidence and identify whether they can take full advantage of third-party claims alongside their workers’ compensation claim.
Our law firm works to negotiate any subrogation liens that arise if you pursue additional compensation. For non-subscriber employee injuries, we can file lawsuits directly against employers and other parties.
Third-Party Work Injury Claims in Houston: Your Right to Full Compensation
When a third party causes workplace accidents, you can sue the responsible party while receiving benefits from the state’s workers’ comp system through non-subscriber employee lawsuits. If a private employer caused or contributed, and they carry workers’ compensation coverage, a Houston work injury lawyer from our legal team can determine if you can file a personal injury lawsuit against contractors, manufacturers, or other third parties.
What Is a Third-Party Claim For Workplace Accidents?
You cannot file a lawsuit against your employer if they carry workers’ compensation coverage, but you can pursue work injury claims against negligent third parties.
A third-party work injury claim is a personal injury lawsuit filed by an injured worker against a defendant other than their employer. Injured workers can file third-party lawsuits and workers’ compensation claims simultaneously. These are separate legal processes.
Workers’ comp is a no-fault system that provides limited benefits. A third-party claim requires proving that another’s negligence caused the workplace injury. Work injury lawsuits are the only way to secure full compensation for lost income, medical expenses, non-economic damages, and, in certain circumstances, punitive damages.
Subrogation: If a workers’ compensation insurance company has paid benefits and you later recover compensation through a third-party claim, the insurance company can assert a lien. A workplace injury lawyer in Houston can help you negotiate that lien, ensuring you still recover the compensation you deserve.
If You Get Injured At Work, Who Pays? – Common Third-Party Defendants in Houston Work Injury Claims
Depending on how and where you were hurt, any number of outside parties can share responsibility for your injury. Common third-party defendants in work injury lawsuits include:
- General contractors and subcontractors: On multi-employer job sites, general contractors or subcontractors can be held liable for negligent supervision or unsafe conditions created by their crews.
- Property owners: If a property hazard contributed to an employee’s injury and the property owner knew of it and failed to correct it, they may face third-party liability claims.
- Equipment and machinery manufacturers: Equipment manufacturers face liability in machinery and heavy equipment accident claims for faulty equipment, tools, or other products under strict liability law.
- Chemical suppliers and manufacturers: Companies that supply harmful substances can be liable through toxic exposure injuries or illness claims or gas explosion lawsuits for catastrophic workplace accidents when inadequate safety data, improper labeling, or defective containment contribute to a worker’s harm.
- Trucking companies and commercial drivers: When an on-the-job vehicle accident involves a third-party commercial driver or their employer, both may be named as defendants in a personal injury claim.
- Maintenance and inspection companies: When a contractor is hired to service, inspect, or repair equipment and their negligence sets the stage for a failure or accident, they carry their own liability separate from your employer.
The amount injured workers receive in Texas varies.
Filing a Third-Party and a Workers' Compensation Claim
Injured workers don’t have to choose between filing a workers’ compensation claim and a third-party lawsuit. Workers’ comp provides benefits more quickly under the no-fault system, covering medical bills and a portion of lost wages.
Third-party claims provide maximum compensation. You’re able to get medical help from your own doctor. If your work injury prevents you from earning what you made before, you don’t have to rely solely on the state’s permanent disability benefits, which often only barely cover the costs of doctor visits. Our Houston workplace injury lawyers pursue compensation for vocational rehabilitation, physical therapy, future medical care, and other medical costs. We fight for all lost income and earning capacity for accident victims.
Under the Texas proportionate responsibility statute, fault can be allocated across multiple defendants. This applies to the vast majority of more dangerous jobs. Our work injury lawyers in Houston identify all responsible parties who failed to protect workers, determine when injured workers are mislabeled as independent contractors, and work to secure fair compensation.
Filing Claims for Occupational Diseases and Illnesses
Third-party liability claims aren’t limited to on-the-job accidents. When employees suffer work-related illnesses, such as cancers, respiratory conditions, or neurological disorders caused by long periods of harmful substance exposure, they may have third-party claims against the manufacturers, even when workplace injuries or illnesses take years to surface.
Common Types of Work Injuries Our Houston Attorneys Handle
Our Houston work injury lawyers provide legal representation for the following types of on-the-job injuries and more:
- Traumatic Brain Injuries (TBI)
- Back Injuries
- Paralysis and Permanent Disabilities
- Burn Injuries
- Crush Injuries
- Degloving Injuries
- Amputations
- Toxic Exposure and Occupational Illness
- Hearing and Vision Loss
- Broken Bones & Orthopedic Damage
- Electrocution Injuries
- Wrongful Death on the Job
Additionally, if you sought medical attention from a workers’ comp doctor and received poor medical care. Our workplace accident attorneys in Houston can review your medical records and pursue legal action for negligent medical treatment after a work injury.
What to Do If Injured On The Job in Houston, Texas
If you’re injured on the job:
- Seek medical attention immediately: document your injuries with a doctor trained in evaluating work-related injuries. If possible, use your own doctor, not the company’s.
- Report the injury to your employer: Texas law requires notice of work-related injuries within 30 days.
- Document everything: This includes photos of the accident scene, work-related injuries over time, heavy machinery or equipment involved, and witness contact info.
- Do not give a recorded statement to the insurance company without speaking to a workplace accident attorney first.
- File a workers’ comp claim if applicable.
- Identify other possible negligent parties for third-party injury claims. If someone other than your employer caused a work-related accident, you may have a separate personal injury claim.
- Contact an experienced Houston work injury lawyer. Our law firm fights to protect clients’ legal rights to fair compensation.
How Much is a Houston Work Injury Case Worth?
Workers’ Comp Benefits
Under the Texas Workers’ Compensation Act, workers’ compensation benefits follow a tiered structure:
Benefit Type | When It Applies | What It Pays |
|---|---|---|
Temporary Income Benefits (TIBs) | Workers’ comp benefits are issued while you are recovering and unable to work at full capacity | ~70% of lost wages (difference between pre- and post-injury) |
Impairment Income Benefits (IIBs) | These are benefits provided when you reach Maximum Medical Improvement (MMI) and have a permanent impairment rating | 70% of your average weekly wage, for a set number of weeks based on your impairment rating |
Supplemental Income Benefits (SIBs) | You’ll receive benefits if your earning capacity remains reduced after IIBs are exhausted | 80% of the difference between 80% of your pre-injury wage and what you are currently earning |
Lifetime Income Benefits (LIBs) | LIBs only provide compensation for catastrophic injuries: total blindness, severe burn injuries, paralysis, and traumatic brain injury | 75% of your average weekly wage, paid for life with a 3% annual increase |
For worker injuries occurring through 2026, the maximum compensation for TIBs is $1,273.
Damages in Third-Party Claims and Non-Subscriber Lawsuits
A work accident lawyer from our law firm can help you recover fair compensation for the following:
- Past and future medical expenses
- Full lost wages and loss of earning capacity
- Physical pain and suffering / mental anguish
- Physical impairment and disfigurement
- Loss of consortium (spouse’s claim)
- Punitive damages (in cases of gross negligence)
Wrongful Death Damages
When an employee dies on the job, the surviving family members can file wrongful death claims against negligent employers and other responsible parties to receive financial compensation for:
- Loss of financial support and companionship
- Funeral and burial expenses
- Pain and suffering of the deceased before death
A Houston workplace wrongful death lawyer will handle the entire process, ensuring your family receives the rightful compensation you deserve for the tragedy.
High-Risk Industries for Work Injuries in the Houston Area
The following industries are some of the most hazardous environments, accounting for the highest number of serious injuries and fatal workplace accidents in the Houston area.
Oil, Gas, and Refinery Workers
Our Houston work injury lawyers are dedicated to serving injury victims in Pasadena, Baytown, Deer Park, Texas City, La Porte, and other communities along the Houston Ship Channel. Petrochemical plant and refinery accident claims are common workplace accident types due to volatile chemicals, extreme heat, pressurized systems, and aging infrastructure.
Many workers face permanent damage from burn injuries, toxic exposure, blasts, and other events that other industries simply don’t. Texas workplace injury reports often include gas line explosion injuries and pipeline explosion injuries in Houston.
In most cases, when a workplace injury occurs, third-party lawsuits can be filed against plant owners, contractors, subcontractors, equipment manufacturers, rental companies, inspection firms, chemical suppliers, or other third parties.
Our Houston work injury attorney team knows how to investigate to identify all potentially liable parties and the legal framework governing both workers’ compensation and third-party injury claims. We’ve provided skilled legal representation for oilfield injury claims for decades, including workplace injury accident cases involving major refineries and multinational energy corporations that other firms simply cannot handle.
Construction Workers
Ongoing large-scale construction projects pose hazards to construction workers. Common types of construction accidents include falls, scaffold collapses, electrocutions, scaffold collapses, trench cave-ins, and crane accidents in Houston, as well as the “fatal four” construction accidents outlined in the OSHA construction safety standards:
- fall accidents
- struck-by incidents
- electrocution
- caught-in/between hazards
In most cases, construction sites involve multiple potentially liable parties. This creates significant exposure when a third party’s negligence causes construction accidents and injures workers employed by another company, contractor, or subcontractor. Our Houston workplace injury lawyers investigate who controlled the construction site, supplied faulty equipment, and failed to maintain a safe environment when helping clients pursue justice through construction accident lawsuits and construction defect litigation in Texas.
Maritime & Port Workers
The Port of Houston is one of the largest ports by cargo tonnage. Dock, offshore, and maritime workers face hazards that fall entirely outside of the Texas Division of Workers’ Compensation system. The following laws govern the legal process of filing a “workers’ compensation claim” or maritime injury claim for a Gulf of Mexico accident: Jones Act, LHWCA, and DOHSA.
Many workers who are injured on the job don’t know that you can’t apply the standard Texas workers’ compensation laws to waterfront injuries. These workplace accidents require experienced workers’ compensation attorneys who understand how to secure rightful compensation for injured workers.
Our work injury attorneys in Houston handle all port and offshore accidents involving:
- offshore rigs, platforms, and turnaround work,
- diving and underwater welding accidents,
- tugboat and barge operations,
- support vessel and dive boat accidents,
- port and cargo operations, and
- shipyard and dry dock work.
Our Houston work accident lawyers also represent victims in Galveston and handle Corpus Christi injury cases along the Texas Gulf Coast.
Transportation Workers & Truck Drivers
The most common types of workplace injuries for commercial drivers and logistics employees are fatal. Loading dock, forklift, and motor vehicle accidents on the job contribute significantly to the state’s fatality rate.
Injured workers may be able to file a workers’ compensation claim and a separate work injury lawsuit for full compensation, including pain and suffering and complete lost wages. Our Houston work injury lawyer team takes swift legal action for trucking accident injuries and other logistics-related workplace accidents. We also provide legal counsel and assistance for victims in Laredo and throughout South Texas, where freight traffic poses elevated risk.
Manufacturing & Warehouse Workers
Heavy machinery amputations, forklift accidents, repetitive stress injuries, and chemical exposure are common but serious injuries in warehouses and manufacturing plants.
OSHA lockout/tagout violations are the most cited hazards and a leading cause of preventable amputations, explosions, and fire injuries in Houston. When violations stem from another’s negligence, such as faulty equipment, our Houston work injury attorney team can assist injured workers in filing a claim against negligent parties and in seeking workers’ compensation benefits. Our law firm also provides legal representation for Baytown, Deer Park, Aldine, and Katy accident cases.
Ranch and Farm Workers
Rollovers, livestock incidents, pesticide exposure, heat illness, and falls are all leading causes of serious injuries and death on Texas farms and ranches. Many agricultural companies don’t provide workers’ comp coverage, leaving limited legal options for financial recovery. Our workplace accident lawyers in Houston help clients understand their legal right to pursue third-party injury claims against equipment manufacturers, property owners, and other parties responsible for the farm accident injury.
Why Injured Workers Choose Our Houston Work Injury Attorney Team
Reasons new clients hire the Houston work injury lawyer team at Reich & Binstock include:
- board-certified personal injury trial lawyers
- have decades of experience, representing injury victims since 1984
- billions won across the firm’s history
- extensive experience in complex work accident cases, including multidistrict litigation, product liability against major corporations, mass actions against major companies (e.g., Nnadili v. Chevron USA).
- no upfront cost, no fee unless your experienced work injury lawyer wins on your behalf
- Houston work injury law firm is local with a national reach
Our Law Firm Serves Injured Workers Throughout Greater Houston and Southeast Texas
Whether you were hurt at a Deer Park refinery, a downtown construction site, or a warehouse near the Port, our experienced personal injury attorneys represent injured workers across the entire Greater Houston region and Southeast Texas.
Along the Houston Ship Channel, employees in Pasadena, Baytown, La Porte, Galena Park, and Channelview face exposure to the hazards of refinery and petrochemical operations. In Texas City and La Marque, plant and port employees deal with some of the most dangerous conditions in the state.
Even the Texas Medical Center is a source of significant work-related accident cases.
We also represent employees who commute from surrounding communities, including League City, Pearland, Sugar Land, Katy, The Woodlands, Conroe, and Beaumont. No matter where you live or where the work accident occurred, if you were hurt on the job anywhere in Southeast Texas, our work accident attorneys can help fight for the compensation you deserve.
Houston Work Injury FAQ
If I'm injured at work, can I sue my employer?
You can’t sue your employer directly if they provide workers’ compensation coverage. However, if your employer is a non-subscriber or doesn’t carry workers’ compensation insurance, you are able to file a personal injury lawsuit against your employer. Additionally, even if the employer provides death benefits, family members can file civil lawsuits against them for fatal work injury cases involving gross negligence or intentional harm in specific circumstances.
How long do I have to file a work injury claim in Texas?
If you’re filing a workers’ compensation claim, you submit a report within 30 days and file a claim within 1 year. If you’re filing a personal injury lawsuit, the Texas statute of limitations allows 2 years for filing claims. If you’re filing a claim for occupational diseases or illnesses, deadlines vary under Texas law.
How long after a work injury can I sue in Texas?
For a personal injury lawsuit, you must file a claim within two years. For workers’ compensation claims, you must report the injury within 30 days and file a claim within one year. Missing either deadline can eliminate your right to benefits or compensation entirely.
Can an employer deny workers' comp?
If an employer is a non-subscriber and has no workers’ compensation coverage, there are no workers’ comp benefits to deny, but injured workers can sue them directly. If the employer carries workers’ compensation coverage and the insurance company denies your insurance claim, you have the right to appeal through the DWC’s formal dispute resolution process.
If I get injured at work, do I get paid?
If your employer carries workers’ comp, you may receive Temporary Income Benefits equal to ~70% of lost wages while you recover. If your employer doesn’t carry workers’ comp, you may be able to sue your employer directly for full lost wages. If another party caused your work injury, you can file a personal injury lawsuit to recover all losses, past and future.
When to get a lawyer for a work injury in Houston?
As soon as possible. An attorney can quickly gather evidence, identify all responsible parties, and protect workers from shady insurance tactics. Our Houston workplace injury attorneys work on a contingency basis and offer free, no-obligation consultations. It’s in your best interest to determine how many valid claims you have.
How long do you have to report an injury at work?
If you’re injured on the job, you must report the injury to your employer within 30 days. Waiting longer than 30 days can result in a workers’ comp claim being denied. Report work-related accidents in writing and keep a copy for your records.
Can I get fired for getting hurt at work?
Texas law prohibits employers from retaliating against an employee for filing a workers’ comp claim in good faith. If you believe you were fired in retaliation for a workers’ comp claim, you may have a separate legal cause of action against your employer.
Can I collect workers' comp and file a third-party lawsuit at the same time?
Yes. Workers’ comp and a third-party personal injury lawsuit are separate legal processes and can run simultaneously. Workers’ comp provides faster, no-fault benefits for medical costs and partial lost wages. A third-party claim pursues total compensation from any outside party whose negligence caused or contributed to the workplace injury. If you recover from a third party, the workers’ comp carrier may assert a subrogation lien on that recovery, which an attorney can negotiate down.
How much does a Houston workplace injury lawyer or Houston workers' compensation attorney cost?
Reich & Binstock handles work injury cases on a contingency fee basis. New clients get free initial consultations, so you owe nothing unless we recover compensation on your behalf.
Contact a Houston Work Injury Lawyer For a Free Consultation
In many cases, a work injury affects everything from your ability to work to your family’s security. The sooner you have an experienced work injury lawyer on your side, the stronger your position.
We’ve represented injured workers across Southeast Texas since 1984. You don’t pay anything unless we secure compensation for your injuries.
Our Houston work injury lawyers can evaluate your case and fight for every dollar you deserve. For a free consultation, call 713-622-7271 or start your free case review online.
There is never a fee unless we recover on your behalf.
Additionally, clients are not obligated to pay expenses if a recovery is not made.
