Were you injured on the job? You may be able to seek compensation for your injuries. If your company does not have workers’ compensation, you may bring a claim directly against the company. If there is workers’ compensation, you can bring a claim against a third party that may have caused your injuries.
If you were injured because of your employer’s negligence, workers’ compensation may cover the cost of medical bills and other losses. Third parties may be held liable for negligence. An experienced Austin work injury attorney can help you seek compensation for your injuries.
Workplace injuries can happen suddenly, leaving you with mounting medical bills, uncertainty about your job, and questions about your legal rights. Understanding how liability works on complex job sites — especially large construction environments — is essential to protecting your financial future. Whether you are a laborer, contractor, or subcontractor, knowing your options early can make a significant difference in the outcome of your claim.
Many Austin workers, like other Texans, find themselves working in unsafe conditions in a wide range of industries, including construction, transportation, warehouses, and utilities. Even in dangerous industries like construction, employers have a duty and responsibility to ensure workers are protected from injuries on the job.
On major construction projects in Austin, job sites may involve new commercial buildings, capital improvement projects, or large-scale infrastructure developments. These sites often have dozens — and sometimes more than 100 — workers present each day. With so many moving parts, safety coordination becomes critical. When a managing contractor fails to enforce required safety protocols, including Occupational Safety and Health Administration (OSHA) standards, the risk of serious accidents increases dramatically.
Contact Fleming Law today to schedule a consultation and speak to an experienced personal injury attorney.
Unlike other states, Texas allows companies to opt out of workers’ compensation. The employer’s decision to subscribe or opt-out has a direct effect on employees who are injured at work.
Employers must notify their employees if they are a non-subscriber to workers’ compensation before they are hired. If your employer is a subscriber at the time of your hiring and decides to opt out of workers’ compensation in the future, you must also be notified of this decision.
When companies choose to opt out of workers’ compensation coverage, they put themselves at a greater risk of being sued by injured employees. In Texas, employers that do not subscribe to workers’ compensation insurance can be held liable for 100% of the injured employee’s damages.
Legal options may also extend beyond traditional employee claims. Contractors and subcontractors who are injured while working on a job site can often pursue third-party claims when another entity’s negligence contributed to the incident. For example, if a managing contractor failed to coordinate safety procedures or allowed hazardous conditions to persist, an injured subcontractor may have grounds to pursue compensation outside of workers’ compensation. Identifying all responsible parties is a key step in maximizing recovery.
Accidents and injuries can happen in any workplace, even in an office. Some of the most common types of workplace accidents include:
Construction is one of the most dangerous industries for workers in the U.S. In fact, construction workers accounted for 20.7% of all private sector fatalities in 2017, according to the Occupational Safety and Health Administration (OSHA).
Falls are the most dangerous and deadly of construction site accidents, accounting for 33.5% of construction worker deaths in 2018. In non-fatal accidents, injuries are often severe and can cause permanent disability.
Falls at construction sites can be caused by:
The higher the fall, the greater the risk of severe injuries and death.
In addition to falls, workers on complex job sites may face risks such as electrocution from exposed wiring, head injuries caused by falling objects, or broken bones resulting from structural failures. Defective safety equipment — such as a malfunctioning harness — can turn a routine task at height into a life-altering accident. These incidents often raise serious questions about whether proper inspections and safety checks were performed.
Warehouses and distribution centers are rife with danger for workers. Injuries can be caused by:
Accidents involving forklifts can be devastating. Injuries may occur due to forklifts overturning, pinning or crushing workers, or running into other objects. These deadly accidents are often the result of poor training, overcrowded facilities, unsafe user operation or faulty equipment.
If employees are required to drive a commercial vehicle or perform other duties in company cars, there is always a risk of an accident.
According to the CDC, motor vehicle crashes are the leading cause of work-related fatalities in the United States. In 2013 alone, employers spent $25 billion on work-related vehicle accidents.
Accidents can occur due to:
Work-related car accidents and commercial vehicle accidents may not necessarily be the employee’s fault, but negligent parties may be held liable for medical bills, lost wages, and other damages related to the injury.
Industrial environments, such as petrochemical plants and refineries, present additional hazards, including chemical exposure injuries, burns, and respiratory harm. When safety procedures are not enforced or protective equipment is inadequate, workers may suffer long-term health consequences. These cases frequently involve multiple layers of responsibility, making a thorough legal investigation essential.
An attorney in Austin can determine the cause of a work injury and hold the right people accountable.
Every workplace accident in Austin is unique. Depending on the circumstances of the accident and the severity of the injuries, OSHA may conduct an investigation.
But what if OSHA doesn’t investigate the accident, or you want to make sure that your best interests are being protected?
Fleming Law will conduct its own investigation of the accident. Our Austin attorneys have years of experience gathering workplace accident-related evidence and interviewing key persons, including management and co-workers.
The aim of our investigation is to uncover and gather crucial information related to your case:
Our attorneys will work to find out:
All of these factors will play an important role in your case and how we pursue compensation.
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In large multi-employer job sites, investigations often focus on whether the managing contractor fulfilled the duty to coordinate safety efforts and enforce OSHA regulations. Establishing a pattern of ignored hazards, inadequate supervision, or insufficient training can be critical evidence when proving negligence. Detailed documentation helps demonstrate how the incident occurred and who had the authority to prevent it, which is essential to establishing liability in a workplace injury claim.
Work-related accidents often involve multiple parties. Construction sites, which have one of the highest risks of accidents and injuries, often involve multiple contractors, builders, sub-contractors, and other parties.
If another party’s negligence caused your injuries, an Austin work injury attorney can help you seek compensation for:
Third-party claims are especially important for contractors and subcontractors who may not be covered by the same insurance structure as direct employees. Pursuing compensation from equipment manufacturers, site owners, or general contractors can provide an additional path to financial recovery when serious injuries occur.
It is imperative that you choose an experienced Austin work injury lawyer who understands your case and how to achieve the best outcome. Your employer’s status as a subscriber or non-subscriber to workers’ compensation insurance will have a direct effect on your claim.
The experienced attorneys at Fleming Law will give your case the individual attention it deserves and will fight to seek maximum compensation in your work injury case.
If you are unsure about your rights after a workplace accident, speaking with a legal professional can help you understand your options and next steps. Early guidance can preserve evidence, clarify liability, and position you to pursue the compensation you need to move forward with confidence.
Call us today to discuss your case and how we can help.