Question 1

What should I do immediately after a workplace injury in Corpus Christi?

Accepted Answer

Taking the right steps immediately after a workplace injury is critical for both your health and your legal rights. Here's exactly what to do: (1) Ensure your immediate safety - move away from any ongoing danger and get to a safe location if possible; (2) Seek prompt medical attention - even if injuries seem minor, get evaluated by a doctor immediately. Some serious injuries like internal bleeding, concussions, or chemical exposures may not be immediately apparent. Tell the doctor exactly how the injury occurred and follow all treatment recommendations; (3) Report the injury to your employer - notify your supervisor or employer in writing as soon as possible. Texas law requires workers' compensation claims to be filed within one year, but earlier reporting strengthens your case and prevents disputes about when the injury occurred; (4) Document everything thoroughly - take photos of the accident scene, your injuries, any defective equipment, safety hazards, or lack of protective gear. Get contact information for any witnesses. Keep copies of all medical records, bills, and correspondence with your employer; (5) Do not sign any settlement or release documents - employers and insurance companies may pressure you to sign paperwork quickly. Do NOT sign anything without first consulting a workplace injury lawyer; (6) Do not give recorded statements - insurance adjusters may contact you seeking a recorded statement. Politely decline and refer them to your attorney; (7) Contact an experienced Corpus Christi workplace injury lawyer immediately - we can protect your rights from day one, ensure proper claim filing, and investigate while evidence is fresh. Call Wayne Wright LLP at 361-266-3247 for a free consultation. The sooner we get involved, the stronger your case will be.

Question 2

Can I sue my employer for a workplace injury in Texas?

Accepted Answer

Whether you can sue your employer for a workplace injury in Texas depends on whether your employer carries workers' compensation insurance: (1) Employer HAS workers' compensation insurance - generally, you cannot sue your employer directly. Workers' compensation is an "exclusive remedy" system, meaning you must pursue benefits through the workers' comp system rather than filing a personal injury lawsuit. However, you can still pursue third-party claims against equipment manufacturers, subcontractors, property owners, or other negligent parties who contributed to your injury; (2) Employer is a NON-SUBSCRIBER (does NOT have workers' comp insurance) - Texas is unique in that employers are not required to carry workers' compensation insurance. If your employer is a non-subscriber, you have the right to sue them directly for negligence in a personal injury lawsuit. This is often much more favorable for injured workers because you can recover full damages including pain and suffering, which are limited or excluded in workers' comp claims. Non-subscriber employers lose most legal defenses like assumption of risk and contributory negligence; (3) Exceptions where you CAN sue even with workers' comp - even if your employer has workers' comp, you may be able to sue if: the employer intentionally caused your injury, the employer failed to carry required workers' comp insurance, or a third party (not your employer or coworker) caused the injury. Our Corpus Christi workplace injury lawyers will investigate your employer's insurance status, identify all potentially liable parties, and pursue the legal strategy that maximizes your compensation - whether that's a workers' comp claim, a non-subscriber lawsuit, a third-party claim, or a combination of multiple claims.

Question 3

How long do I have to file a workplace injury claim in Texas?

Accepted Answer

Texas has strict deadlines for workplace injury claims that vary depending on the type of claim you're filing: (1) Workers' Compensation Claims - you generally have one year from the date of injury to file a workers' compensation claim with the Texas Division of Workers' Compensation (DWC). However, you should report the injury to your employer as soon as possible - ideally within 30 days - to avoid disputes. Missing the one-year deadline typically bars your workers' comp claim entirely; (2) Non-Subscriber Employer Lawsuits - if your employer doesn't carry workers' compensation insurance (non-subscriber), you must file a personal injury lawsuit within two years from the date of injury under Texas's standard personal injury statute of limitations; (3) Third-Party Liability Claims - if a third party (equipment manufacturer, subcontractor, property owner, etc.) caused or contributed to your workplace injury, you generally have two years from the date of injury to file a lawsuit against them; (4) Occupational Disease Claims - for injuries that develop over time (such as repetitive stress injuries, hearing loss, or chemical exposure), the clock starts when you knew or should have known about the condition and its connection to your work; (5) Wrongful Death Claims - if a workplace accident resulted in a worker's death, surviving family members typically have two years from the date of death to file a wrongful death lawsuit. IMPORTANT: Don't wait to consult a workplace injury lawyer. Evidence disappears quickly - surveillance footage is deleted, witnesses' memories fade, equipment is repaired or replaced, and accident scenes change. Additionally, insurance companies often pressure injured workers to accept quick, inadequate settlements before they understand the full extent of their injuries. Contact our Corpus Christi workplace injury attorneys immediately at 361-266-3247 for a free consultation. We'll ensure all deadlines are met and your rights are protected from day one.

Question 4

What if a third party caused my workplace injury?

Accepted Answer

If a third party caused or contributed to your workplace injury, you may be entitled to pursue additional compensation beyond workers' compensation benefits. Third-party claims are an important part of many workplace injury cases because they allow you to recover damages not available through workers' comp. Common third-party claims in workplace accidents include: (1) Equipment and machinery manufacturers - if defective equipment, tools, machinery, or vehicles caused your injury due to design flaws, manufacturing defects, or inadequate warnings; (2) Subcontractors and contractors - if another contractor or subcontractor on a construction site caused your injury through negligent work or safety violations; (3) Property owners - if you were injured on a client's property or third-party worksite due to dangerous conditions, inadequate maintenance, or safety hazards; (4) Vehicle drivers - if you were injured by a negligent driver while working (common for delivery drivers, utility workers, road workers); (5) Product suppliers and distributors - if defective products, materials, or safety equipment failed and caused injury; (6) Maintenance and repair companies - if improper maintenance or repairs to equipment or facilities led to your accident. Why third-party claims matter: Workers' compensation benefits are limited - they typically cover only medical expenses and a portion of lost wages (usually about 2/3), with NO compensation for pain and suffering or punitive damages. Third-party personal injury lawsuits allow you to recover FULL damages including: all medical expenses (past and future), full lost wages and earning capacity, pain and suffering, emotional distress, disability and disfigurement, loss of quality of life, and punitive damages in cases of gross negligence. You can pursue BOTH a workers' comp claim against your employer AND a third-party lawsuit simultaneously. Our experienced Corpus Christi workplace injury lawyers will investigate thoroughly to identify all potentially liable parties and pursue every available source of compensation to maximize your recovery.

Question 5

How is compensation calculated in workplace injury cases?

Accepted Answer

Compensation in workplace injury cases varies significantly depending on whether you're pursuing a workers' compensation claim, a non-subscriber employer lawsuit, or a third-party claim. Here's how each type of compensation is calculated: WORKERS' COMPENSATION BENEFITS (if employer has insurance): (1) Medical benefits - full coverage of all reasonable and necessary medical treatment including doctor visits, surgeries, medications, physical therapy, medical devices, and travel expenses to medical appointments; (2) Temporary income benefits (TIB) - if you're unable to work while recovering, you receive approximately 70% of your average weekly wage, subject to state maximum limits; (3) Impairment income benefits (IIB) - for permanent impairments, calculated based on your impairment rating assigned by a doctor; (4) Supplemental income benefits (SIB) - if you have a significant permanent impairment and earn less than 80% of your pre-injury wages; (5) Lifetime income benefits - for catastrophic injuries like paralysis or severe brain damage; (6) Death benefits - for families of workers killed on the job. Workers' comp does NOT cover pain and suffering, emotional distress, or punitive damages. NON-SUBSCRIBER EMPLOYER LAWSUITS (if employer has no workers' comp): You can recover FULL damages as in any personal injury case including: all economic damages (medical expenses, lost wages, reduced earning capacity, vocational rehabilitation) with NO CAPS, non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, disability), and punitive damages if the employer's conduct was grossly negligent. THIRD-PARTY CLAIMS: Full personal injury damages available including all economic and non-economic losses. Multiple factors affect compensation amounts: severity and permanence of injuries, extent of medical treatment needed, impact on your ability to work, your age and occupation, the degree of negligence involved, available insurance coverage, and strength of evidence in your case. Our Corpus Christi workplace injury lawyers work with medical experts, economists, and vocational specialists to accurately calculate your full damages and fight for maximum compensation.

Question 6

Do I need a lawyer if the insurance company offers a settlement?

Accepted Answer

Yes, absolutely. You should NEVER accept an insurance settlement offer without first consulting an experienced workplace injury lawyer. Here's why: Insurance companies are NOT on your side. Their goal is to pay you as little as possible to close your claim quickly and protect their bottom line. They employ trained adjusters and lawyers whose job is to minimize payouts. Here's what they do: (1) They make quick lowball offers - insurance companies often approach injured workers shortly after an accident with fast settlement offers. These offers are almost always far less than what your case is worth. They're betting you need money quickly and don't know your rights; (2) They pressure you before you know the full extent of your injuries - many serious workplace injuries have long-term effects that aren't immediately apparent. Accepting an early settlement may prevent you from recovering compensation for future medical needs, permanent disabilities, or reduced earning capacity; (3) They get you to give recorded statements - adjusters will ask for recorded statements hoping you'll say something they can use against you to reduce or deny your claim; (4) They minimize your damages - insurance companies routinely undervalue medical expenses, don't account for future treatment needs, ignore pain and suffering (in non-subscriber and third-party cases), fail to calculate lost earning capacity properly, and neglect to identify all liable parties; (5) Settlement releases are final - once you sign a settlement release, you typically cannot reopen your claim even if your injuries worsen or new complications arise. What a workplace injury lawyer does for you: We accurately value your claim by consulting medical and economic experts, negotiate aggressively with insurance companies who know we'll go to trial if needed, identify all sources of compensation (workers' comp, non-subscriber claims, third-party liability), protect you from insurance company tactics, and ensure you don't settle until reaching maximum medical improvement. At Wayne Wright LLP, we work on contingency - you pay nothing unless we win. Our free consultation allows us to review any settlement offer and advise whether it's fair. Call us at 361-266-3247 before signing anything.

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Page Contents

Don’t Face an Accident Alone: Contact Wayne Wright

Don’t Face an Accident Alone: Contact Wayne Wright

Our Practice Areas:

Why Choose Wayne Wright LLP for Your Corpus Christi Workplace Injury Case

Proven Advocates for Coastal Bend Workers

We Win Or You Don’t Pay!

What to Do After a Workplace Injury in Corpus Christi

Critical Steps to Protect Your Health and Legal Rights

Types of Workplace Accidents We Handle

Injuries We See From Construction, Maritime, Industrial, and Office Jobs

Workplace Injury Compensation

What a Workplace Injury Lawyer Can Help You Pursue

How Wayne Wright LLP Builds a Winning Workplace Injury Case

Detailed Investigation. Relentless Legal Strategy.

Comprehensive Personal Injury Services for Corpus Christi and Beyond

Experience, Compassion, and Proven Results – Our dedicated team of top-rated attorneys is committed to fighting for your rights and securing the compensation you deserve.

Why Choose Wayne Wright Personal Injury Lawyers

Experience, Compassion, and Proven Results – Our dedicated team of top-rated attorneys is committed to fighting for your rights and securing the compensation you deserve.

We Win Or You Don’t Pay!

Frequently Asked Workplace Injury Questions

Your Questions Answered by Our Top-Rated Corpus Christi Personal Workplace Injury Lawyers

What should I do immediately after a workplace injury?

Can I sue my employer for a workplace injury?

How long do I have to file a workplace injury claim in Texas?

What if a third party caused my workplace injury?

How is compensation calculated in workplace injury cases?

Do I need a lawyer if the insurance company offers a settlement?