Work Injury Lawyer in Houston

Houston has a sizable workforce with many of its workers employed in high-risk industries such as energy, transportation, maritime, shipping, manufacturing, and construction. So, it’s no surprise that Texas jobs are physically demanding and potentially dangerous. Whether working at construction sites, refineries, chemical plants, oil or gas well sites, manufacturing facilities, warehouses, or in the maritime sector, the potential for severe injuries on the job is always present.

Sustaining work-related harm can result in significant physical, emotional, and financial loss. And if injured in a workplace accident, it’s imperative that you have an understanding of your legal rights. Anyone involved in an on-the-job accident should seek counsel from a Houston workplace injury attorney who can provide the guidance, support and representation to make sure your interests are protected.

Twenty-Five Years of Successful Representation for Injured Workers in Houston, TX

The highly experienced team of work injury lawyers at The Callahan Law Firm have been fighting tirelessly for over two decades to secure equitable and fair compensation for hard-working individuals who have suffered job-related injuries. Callahan’s primary objective is to assist clients in obtaining the necessary financial resources to treat their injuries, pay their bills, and support their families during a challenging time so they can return to their everyday lives. The Callahan Law Firm understands the tactics employed by negligent companies and their insurance carriers that try to evade responsibility and not pay injured workers the compensation they are entitled to under the law.

The Callahan Law Firm advocates for employees who have experienced workplace injuries in Harris County and throughout the state of Texas. Contact us today to schedule a free initial consultation with our work injury lawyers in Houston. During our meeting, we’ll explore all available options to pursue maximum compensation for your injuries and losses.

Why You Need a Houston Workplace Accident Lawyer

We cannot overstate the importance of retaining an experienced workplace accident attorney. Nearly all physically demanding industries in Houston and throughout the state of Texas hold inherent workplace injury risk. For this reason, Texas employees must understand their rights and seek proper legal guidance after getting hurt on the job. Case law tells us that workplace accidents at construction sites, factories, offshore, or offices often result in life-changing consequences. A skilled workplace accident lawyer with years of experience successfully representing injured workers and their families can tackle the complexities that accompany such cases.

Let’s explore why hiring a Harris County workplace accident lawyer is essential and how they can help you secure the compensation you deserve in a work-related injury claim.

Callahan Understands and Helps Enforce Texas Work Injury Laws

Did you know under Texas Labor Codes, Chapters 406, 408, 401.011, and 413.022, all employers, whether they have workers’ compensation insurance coverage or not, must comply with the reporting and notification requirements of the Texas Workers’ Compensation Act?

Navigating through Texas workplace accident laws alone can be challenging. The reputable work injury lawyers at The Callahan Law Firm are well-versed in the state’s labor code. They can guide you through the particulars of your case to place you in a position for a favorable outcome.

Common Workplace Accident Claims We Litigate

The Callahan Law Firm prides itself on the experience of our Houston work injury lawyers, who have proven to be critical in helping clients and their families receive full and fair compensation on many different types of workplace injury claims. Our workplace accident professionals focus on developing the case and securing compensation for the following injuries that happen on the job.

Industrial accidents – Tex. Lab. Code § 401.011 and federal Occupational Safety and Health Administration (OSHA) rules define industrial accidents as any unexpected occurrence or event that results in bodily injury, death, or property damage within an industrial environment. Industrial accidents encompass many incidents, including but not limited to explosions, fires, chemical spills, equipment malfunctions, and falls. The consequences can be severe, leading to physical harm, impairment, disfigurement and loss of life. If you were in an industrial accident, contact us for help.
Heavy equipment accidents – The same statutes hold that a “heavy equipment” accident refers to an intentional or negligent event resulting in a person’s bodily injury, death, or property damage involving the use of large machinery, such as cranes, forklifts, bulldozers, or haul trucks. These incidents can also result in severe injuries or even fatalities. Contact The Callahan Law Firm if you’ve sustained heavy equipment injuries while on the job. In addition to the practice’s competence in handling complex employee accident cases involving heavy-duty construction equipment, you’ll have access to the skills of our founding attorney, Michael S. Callahan, a former mechanical engineer who is also Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Construction accidents – State legislators and federal OSHA laws have recognized construction sites as highly hazardous work environments carrying significant accident risks for construction workers. These dangers include potential life-altering injuries resulting from various sources such as scaffolding, cranes, forklifts, trucks, falls from heights, falling objects, fires, explosions, or exposure to toxic chemicals and materials. Callahan’s mission is to pursue legal action against negligent construction companies, site owners, subcontractors, equipment manufacturers, and any third party whose actions caused your work-related injury.
Railroad worker accidents – Railroad accident cases present distinct challenges compared to other workplace accident claims. In these cases, injured workers do not fall under the protection of the state’s standard workers’ compensation laws. Instead, those involved in an accident must seek compensation under the Federal Employers’ Liability Act (FELA). The federal courts in Texas began recognizing FELA jurisdiction in 1910 after deciding the landmark case ATCHISON, T. & S. F. R. CO. V. TACK. FELA rules entitles injured railroad employees to pursue compensation against negligent railroad carriers, their agents, and employees. If you’ve sustained injuries during railroad employment, we urge you to reach out to Callahan attorneys, who understand the difficulties of handling FELA claims.
Pipeline accidents – Pipeline construction and maintenance involve inherently dangerous job assignments. Many employers require workers to perform their duties in challenging environments, including working above and below ground or underwater. Regrettably, many pipeline workers suffer injuries and fatalities caused by accidents involving heavy equipment, explosions, blowouts, fires, product defects, weld failures, welding mishaps, or hazardous gas leaks. If you or someone you care about has been harmed, we strongly urge you to contact a Callahan Law Firm pipeline accident attorney today before the statute of limitations expires on your claim.
Explosion accidents – Explosions in the workplace all too often cause severe life-threatening injuries and fatalities. If you or a loved one have suffered severe burns, crushing injuries, vision or hearing loss, amputation, or other serious harm in an explosion in Houston, its surrounding areas or elsewhere in the state of Texas, contact a Callahan workplace explosion lawyer to receive the full and fair compensation you need and deserve under the law.
Oil rig accidents – Land and offshore oil rig workers are especially vulnerable to harm caused by the negligence of co-workers, employers, contractors, and third parties collaborating on the job site. These employees are also prone to fatal injuries, amputations, crush injuries, back and neck injuries, burns, paralysis, and other bodily harm. If yours is an offshore injury, you may hold grounds to seek compensation under 46 U.S. Code §30104 (The Jones Act).
Offshore accidents – Offshore workers trust their employers, co-workers and others to prioritize the safety and seaworthiness of their vessels, diligently uphold tool and equipment maintenance, and exercise unwavering caution while navigating the Gulf of Mexico or other waterways. If you’ve suffered an injury, or tragically lost a loved one in a maritime accident, you should seek counsel from a seasoned offshore accident attorney. The Callahan Law Firm can advise you on your Jones Act legal rights, outline courses of action to pursue, and assist you in securing the compensation you are entitled to under the law.

Federal and State Fatality Statistics for Workplace Injuries

Based on data from the Bureau of Labor Statistics, the United States has recorded an alarming 5,190 fatal work injuries in 2021. Among these tragedies, falls and death from commercial vehicle accidents at work reached 850.

Additionally, the Bureau reported in the same year that intentional misconduct in the workplace caused over 761 lives lost. Finally, over 10 percent, or 533, of all fatal work injuries in the country happened in Texas, where in 2021, 498 occurred in private industry and 35 in the public sector.

There was also a severe gender disparity in the state’s 2021 workplace fatality data. According to the Bureau, fatal injuries in men reached 493, while women suffered 40 incidents.

2021 FATAL OCCUPATIONAL INJURIES IN TEXAS:

Transportation incidents – 260
Slips, trips, and falls – 88
Contact with objects and equipment – 66
Violence and other injuries by persons or animals – 57
Exposure to harmful substances or environments – 54
Fires and explosions – 7

Employees aged 55-64 working in production, transportation, and material-moving occupations suffered the most fatal injuries in 2021. Subsequent fatal workplace injuries occurred in the natural resources, construction, and maintenance sectors.

Nonfatal Work Injuries

According to the Bureau, over 2.6 million nonfatal occupational injuries and illnesses occurred in the private sector in 2021. And over one million public employees missed at least one workday due to a nonfatal work injury that same year—in the private sector, the average workplace injury caused those involved to take twelve days off from work to recover.

COMMON NONFATAL INJURIES IN 2021:

Sprains, strains, and tears – 266,530
Injuries from slips, trips, and falls – 211,640
Back injuries – 128,220

A third-party claim seeks to hold a business entity or an individual (other than your employer or co-worker) liable for a negligent act that caused an employee workplace injury. Accordingly, you may hold grounds to bring a third-party negligence claim if someone other than your employer or a co-worker caused an accident at work that resulted in an injury.

Even if your employer is comparatively negligent (bears partial responsibility for the incident), you may still be able to bring a third-party claim and make a recovery. In such instances, Tex. Lab. Code § 417.001 allows you to hold the third party liable for their share of the carelessness that contributed to your injuries.

Moreover, a third-party claim is valid regardless of whether your employer carries workers’ compensation insurance.

Texas state law does not require employers to carry workers’ compensation insurance. The Texas Code labels businesses without workers’ compensation insurance as “non-subscribers.” Depending on the facts of the case, an injured worker can file a lawsuit against their non-subscriber employer and any responsible third party concurrently to compensate for injuries caused by workplace negligence.

UNDERSTANDING THIRD-PARTY WORKPLACE LAWSUITS

Here are a few examples of when third parties may be liable for a workplace accident in Texas:

Non-employee driver of a company car or truck crashes into another vehicle causing injury to an employee.
Subcontractor negligently operates industrial machinery (i.e., forklift or other heavy equipment) causing injury.
Vendors or other third-parties cause employee injury while performing tasks or supplying products or equipment on the work site.
Subcontractors (non-employees) negligently cause burn injuries to employees on the job.
Manufacturers, distributors or retailers who provide defective products or tools that cause an injury or fatality.

A favorable third-party recovery – whether by settlement or jury verdict – can compensate an injured worker and their family for workplace accident-related losses. Damage awards may include but are not limited to medical expenses, lost income, diminished earning capacity, physical impairment, disfigurement, pain, suffering, mental anguish, loss of consortium, and potentially more.

What You Need to Know about Texas Workers’ Comp and Non-Subscriber Injuries

A Texas employer that does not carry workers’ compensation insurance is called a “non-subscriber.” Under Texas law, an employee who is injured because of the negligence of their non-subscriber employer is permitted to make a claim and file a lawsuit against that employer to recover damages for the injuries caused.

EXAMPLES OF EMPLOYER NON-SUBSCRIBER NEGLIGENCE:

Failure to provide employees with a safe place to work.
Failure to provide employees with the tools and equipment needed to perform their jobs safely.
Failure to provide competent co-employees.
Failure to train employees properly.
Failure to train supervisory personnel properly.
Failure to screen a co-worker’s competence to do a job.
Injury caused by a co-worker’s negligence.
Negligent supervision of employees.
Inadequate staffing.

Texas’s Workers’ Comp Benefits in a Nutshell

Texas Lab. Code Chapter 406 addresses workers’ compensation benefits that provide financial and medical assistance to employees who sustain work-related injuries or illnesses. However, it’s important to note that these statutes are unique and differ from the laws in other states.

The summaries below list the principal components of workers’ compensation benefits in Texas:

No Mandatory Coverage

Texas is distinctive because it is the only state where workers’ compensation insurance is not required for most private businesses. According to the Texas Department of Insurance, 25 percent of private, year-round employers don’t subscribe to workers’ compensation insurance. Interestingly, some of the largest businesses in the state have willingly opted to become non-subscribers. The reason for an employer being a non-subscriber is usually financial – the employer wants to save money by not paying for workers’ compensation insurance.

Employer Non-Subscription

As mentioned earlier, the Texas Labor Code classifies employers who opt out of workers’ compensation insurance as “non-subscribers.” By forgoing the insurance, non-subscriber employers consequently can be sued by its injured employee for negligence, and the employer relinquishes certain legal defenses including assumption of the risk and the fellow servant doctrine. However, to receive compensation, the burden of proof lies with the employee to prove the employer’s negligence (duty, breach of duty, causation) caused the incident or injuries and resultant damages.

Workers’ Compensation Benefits

When an employer carries workers’ compensation insurance and an employee sustains a nonfatal injury while on the job, Texas Lab. Code Chapter 406 limits the employee’s workers’ compensation benefits to include only:

Medical treatment.
Partial wage replacement.
Specific disability benefits.

In contrast, when a business is a non-subscriber, it may bear total liability for the injured employee’s losses:

Medical expenses.
Lost wages.
Diminished earning capacity.
Physical impairment.
Pain and suffering.
Mental anguish.
Disfigurement.
Loss of consortium.

Income Benefit Types

Income benefits in Texas workers compensation statutes include:

Temporary Income Benefits (TIBs): This assistance is available for employees who are unable to work for more than seven days due to a work-related injury or illness. TIBs offer the claimant a partial wage replacement.
Impairment Income Benefits (IIBs): IIBs are available to employees who sustain permanent impairments due to work-related injuries. IIB award amounts depend on the severity of the impairment.
Supplemental Income Benefits (SIBs): SIBs may be available when a worker sustains a severe injury or cannot return to work after reaching the state’s threshold of Maximum Medical Improvement (MMI).

To receive workers’ compensation benefits, injured employees must report their workplace injury to their employer and file a claim with the Texas Division of Workers’ Compensation (DWC) within 30 days of the accident or from the date they knew their injury or illness was job-related.

It’s also essential for Texas workers to understand their rights and options regarding workers’ comp benefits after experiencing an injury, mainly due to the state’s distinct approach to this form of insurance.

WHAT YOU NEED TO KNOW ABOUT OFFSHORE ACCIDENTS

Texas labor laws do not apply to accidents that happen on on offshore oil rigs and seagoing vessels. Instead, the Jones Act and Death on the High Seas Act allow those involved in offshore accidents recourse to benefits and compensation for injuries.

Jones Act – The Jones Act, also known as the Merchant Marine Act of 1920, empowers injured seamen to sue their employers, vessel owners/operators and others for negligence after causing a work-related injury in maritime waters. Actionable negligent acts include hiring or retaining unskilled workers, and failure to train existing employees. Injuries stemming from vessels being in an unseaworthy condition are actionable as well.
Death on the High Seas Act – Commonly referred to as DOHSA, this federal statute grants the families of seamen and women working on vessels in international waters the right to pursue wrongful death claims against a vessel’s owner or operator. It is important to note that wrongful death DOHSA claims differ from traditional wrongful death actions regulated by state law. DOHSA offers the families of qualifying deceased workers legal remedies to recover both current economic losses and the loss of expected future financial contributions to the family. Additionally, DOHSA claimants may sue for emotional distress and loss of consortium caused by their loved one’s passing.

COMMON TYPES OF WORK INJURIES IN TEXAS

Workplace accidents have the potential to cause a diverse range of injuries. These incidents happen more often in Houston and throughout Texas since the area is home to many construction, maritime work, oil and gas production, and offshore drilling jobs. Catastrophic and life-altering injuries may include, but are not limited to:

Back and neck injuries
Spinal cord injuries, including paralysis
Traumatic brain injuries
Crush injuries
Broken bones
Amputation
Burns
Exposure to toxic chemicals and fumes
Respiratory injuries
Fatalities

How Callahan Work Injury Attorneys in Houston Can Help You

If you or a loved one have sustained harm in a workplace accident, it is critical to have an experienced work injury legal team on your side to ensure you and your family receive fair treatment and full compensation under the law. The workplace injury attorneys at The Callahan Law Firm in Houston are committed to securing the financial recovery you need and deserve.

Steps we will take on behalf of our clients can include the following:

Conducting an independent, comprehensive investigation into your workplace accident and preserving discoverable evidence that will prove your case, including incident reports, photographs, surveillance footage, and eyewitness statements.
Collaborating with our founder, Michael S. Callahan, who holds a background in engineering, and hiring appropriate liability experts including accident reconstructionists to determine who is liable for the injuries and damages you’ve suffered.
Filing a lawsuit when necessary and zealously building your case as it moves through the litigation process.
When possible, negotiating a settlement that is acceptable to you.
Preparing your case for trial and presenting your case to a jury when the at-fault parties refuse to be reasonable with you.

At The Callahan Law Firm, we believe in a personal approach with each client. Our attorneys accept a limited number of cases to ensure that every client claim receives the attention and effort they deserve. We prioritize open communication and offer you multiple avenues for discussion through in-person meetings, phone calls, and online video conferences. Throughout the litigation process, our commitment is to keep you informed about the progress of your case and address any inquiries you may have. Above all, we’ll be there for you and your family when you need us.

Our trial lawyers have the experience, skill and resources necessary to tackle big companies and insurance corporations on your behalf. Our founding attorney, Michael S. Callahan, is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Less than two percent of attorneys in Texas have earned this distinction, underscoring our firm’s courtroom experience and track record of success.

We invite you to schedule a free, no-obligation consultation with a Houston work injury attorney from The Callahan Law Firm. During our meeting, we can discuss the details of your accident and injuries while providing insight into your legal rights and remedy options. Please note that you will not owe any fees for our services unless you make a financial recovery.

Workplace Injury

What Should I Do After a Workplace Accident?

To protect your interest and your legal rights, you should take the following steps after a workplace accident occurs:

Seek medical attention immediately.
Verbally notify your employer about the accident as soon as possible.
As soon as possible and ithin 30 days, report the accident to your employer in writing and keep a copy of the notification for yourself.
Contact an experienced workplace accident attorney to discuss your legal options, which may include bringing a personal injury action, a workers’ compensation claim, or both, depending on your situation.
Keep track of your time off from work, medical bills, and healthcare records.
Follow your physician’s treatment plan.

Types of Workplace Injury Cases Our Law Firm Handles

The trial lawyers at The Callahan Law Firm represent injured workers in a wide array of workplace accidents, including:

Industrial accidents.
Manufacturing accidents.
Construction accidents.
Heavy equipment accidents.
Transportation accidents.
Commercial vehicle accidents.
Pipeline accidents.
Explosions at work.
Railroad worker accidents.
Oil field accidents, including oil rig accidents.
Maritime accidents and other offshore accidents.

Do I Need a Workplace Injury Lawyer?

Pursuing worker’s comp benefits without legal assistance can be complex and challenging, particularly when recovering from a severe injury. Retaining the services of a skilled attorney can provide the help you need to ensure you receive maximum compensation under Texas labor law.

If your employer does not have workers’ compensation coverage, or when a third party is responsible for your accident and injuries, the assistance of an experienced workplace accident lawyer is essential. Your attorney will investigate the facts of the incident to determine what happened and why, work to preserve and gather critical evidence, hire the appropriate experts, and take the necessary legal steps including filing a personal injury lawsuit against the responsible parties.

What’s the Statute of Limitations for Filing a Workplace Injury Lawsuit?

The general rule, under Texas statutes, requires you to file a personal injury workplace accident lawsuit that is based on negligence within two years of the date of the incident. You may lose your right to pursue a claim if you miss the deadline. For this reason, it is important to consult with a workplace accident lawyer as soon as possible. You’ll discover the proper statute of limitations for filing your claim and which legal path will optimize your financial recovery.

Can I Claim Workers’ Comp Benefits If I Was in an Accident at Work?

If your employer has workers’ compensation insurance and you were injured on the job, then under Texas law you can make a workers’ compensation claim and are entitled to workers’ compensation benefits.

If your employer does not have workers’ compensation insurance (is a non-subscriber) and you were injured on the job, your employer will only be required to pay for your medical care, lost wages and other damages, if you can prove that your employer’s negligence caused your injuries.

If the negligence of a third-party (someone other than your employer) caused your injuries, a claim can be made against that third-party for your damages including medical care expenses, lost income, pain and suffering, physical impairment, mental anguish and other damages.

Depending on the facts of what happened, you may have the right to compensation from multiple sources, including workers’ compensation benefits as well as a lawsuit against the company(ies) that caused or contributed to your injuries and damages.