The industries that power East Texas—oil and gas, logging, and manufacturing—are the backbone of our economy. They provide livelihoods for thousands of families but also come with significant risks. An accident on a drilling rig near Carthage, a mishap at a sawmill in Nacogdoches, or an equipment malfunction in a Tyler factory can happen in an instant, leaving a worker with life-changing injuries.
When you get hurt on the job, the path forward can be confusing. You are likely dealing with physical pain, mounting medical bills, and uncertainty about your next paycheck. On top of that, you have to navigate a complex legal system that works very differently from other types of injury claims.
Understanding your rights and the specific laws that govern workplace injuries in Texas is the first step toward securing the compensation you need to recover. This guide explains the unique landscape of Texas work injury law, the types of claims available, and why having an experienced local attorney is essential.
Texas is Different: The Workers’ Compensation System
Unlike nearly every other state, Texas does not require private employers to carry workers’ compensation insurance. This creates two distinct legal paths for injured workers, depending on their employer’s status.
1. Employers with Workers’ Compensation (Subscribers)
If your employer is a “subscriber” to the Texas workers’ compensation system, your options are generally limited. Workers’ comp is a no-fault system, meaning you do not have to prove your employer was negligent to receive benefits. You only need to show that your injury occurred within the scope of your employment.
Benefits typically include:
- Medical Benefits: Coverage for all necessary medical care related to the injury.
- Income Benefits: Payments to replace a portion of your lost wages while you are unable to work.
While this seems straightforward, the major trade-off is that you usually cannot sue your employer for negligence, even if their mistake caused your injury. This means you cannot recover damages for things like pain and suffering, mental anguish, or punitive damages.
2. Employers Without Workers’ Compensation (Non-Subscribers)
If your employer is a “non-subscriber,” they have opted out of the state’s workers’ compensation system. This is where your rights change dramatically. Because the employer has rejected the protections of the workers’ comp system, they open themselves up to personal injury lawsuits from injured employees.
In a non-subscriber case, you can sue your employer directly for negligence. This allows you to seek a much broader range of damages, including:
- Past and future medical expenses.
- 100% of your lost wages and lost earning capacity.
- Pain and suffering.
- Physical impairment and disfigurement.
- Mental anguish.
Critically, in a non-subscriber lawsuit, the employer is stripped of its traditional common-law defenses. They cannot argue that your own negligence contributed to the accident or that you assumed the risk of a dangerous job. This gives you a significant legal advantage.
Common Workplace Injuries in East Texas Industries
The nature of work in our region leads to specific types of serious injuries. At McKay Law, we frequently represent workers from our most vital industries.
Oil and Gas Industry Accidents
The oilfields are inherently dangerous environments. We see injuries from:
- Well blowouts and explosions: Causing severe burns and trauma.
- Equipment malfunction: Defective tongs, pipes, or valves leading to crushing injuries.
- Falls from derricks: Resulting in spinal cord injuries and traumatic brain injuries.
- Exposure to toxic chemicals: Leading to respiratory conditions and long-term illness.
Logging and Timber Industry Accidents
East Texas is the heart of the state’s timber industry. Logging is consistently ranked as one of the most dangerous jobs in America. Common accidents involve:
- Falling trees or limbs: Causing blunt force trauma.
- Malfunctioning chainsaws or skidders: Leading to severe lacerations and amputations.
- Transportation accidents: Collisions involving logging trucks on rural roads.
Manufacturing and Industrial Accidents
Factories and plants are filled with heavy machinery and complex processes. Injuries often result from:
- Caught-in/between accidents: Workers getting limbs caught in presses, rollers, or conveyor belts.
- Repetitive motion injuries: Causing long-term damage to nerves and joints.
- Forklift accidents: Both for operators and for those struck by forklifts.
Third-Party Liability: Another Path to Compensation
Even if your employer has workers’ compensation, you may still have a personal injury claim against a “third party.” A third party is someone other than your employer whose negligence contributed to your injury.
For example:
- If you were injured on a job site because of a faulty piece of equipment, you could sue the manufacturer of that equipment.
- If you were driving for work and were hit by another driver, you could sue the at-fault driver.
- If you were working on a multi-employer construction site and were injured by a worker from a different company, you could sue the other subcontractor.
A third-party claim allows you to pursue the full range of personal injury damages (like pain and suffering) that are not available through workers’ compensation. This can be a critical source of recovery, especially in cases of catastrophic injury.
What to Do After a Workplace Injury
- Report Your Injury Immediately: You must notify your employer of your injury as soon as possible. In Texas, you generally have 30 days to report a workplace injury to be eligible for workers’ comp benefits. Do it in writing and keep a copy.
- Seek Medical Attention: Your health is the priority. Go to an emergency room or see a doctor. Be sure to tell them your injury happened at work. If your employer is a subscriber, you may need to see a doctor on their approved list.
- Document Everything: Write down exactly how the accident happened, including the date, time, and any witnesses. Take photos of the scene and your injuries if you can.
- Understand Your Employer’s Status: Find out if your employer is a subscriber or a non-subscriber. This will determine your legal path.
- Do Not Sign Anything Without Legal Review: Your employer or their insurance company may ask you to sign forms or give a recorded statement. Do not agree to this until you have spoken with an attorney.
For more information on your general rights as a worker in Texas, the Texas Workforce Commission (TWC) is a valuable resource. The TWC oversees and enforces state labor laws, but they cannot provide you with legal representation or fight for your personal injury claim.
Why You Need an East Texas Work Injury Lawyer
Navigating a workplace injury claim is not something you should do alone. Whether you are dealing with a workers’ comp claim, a non-subscriber case, or a third-party lawsuit, the legal system is complex, and employers and insurance companies have teams of lawyers working to protect their interests.
McKay Law understands the specific challenges faced by injured workers in East Texas. We know how to investigate industrial accidents, determine if you have a non-subscriber or third-party claim, and calculate the full value of your damages. We are prepared to take on large corporations and their insurers to fight for the compensation you need to rebuild your life.
We Fight for East Texas Workers
You work hard for your family. When an on-the-job injury turns your world upside down, you deserve a legal team that will work just as hard for you.
If you have been injured at work, don’t wait. The deadlines for filing claims are strict. Contact McKay Law today for a free, no-obligation consultation. We work on a contingency fee basis, which means you owe us nothing unless we win your case. Let us help you get the justice and financial security you deserve.
