Experienced Attorneys Serving the Injured Since 1962
Call Us Today for an Initial Consultation 361-698-7600

Many people ask about their rights to file a lawsuit in lieu of a workers' compensation claim. It's an understandable question as there are a lot of factors that come into play and things that must be taken into consideration before moving forward with legal action.

After a workplace injury, you should understand what rights you do have, the steps you must take to move forward, and how you can best pursue benefits or compensation. Here are some of the things you should know.

Texas Doesn't Require All Employers to Offer Workers' Compensation

In Texas, not all employers are required to carry workers' compensation coverage. In these situations, as an injured employee, you would have no other recourse but to take legal action and file a lawsuit against the responsible party for the damages you sustained.

...

If you need to file a workers' compensation claim to pursue benefits following an on-the-job injury or illness, it's imperative you recognize ways to protect your rights. It is crucial that you understand that failing to take certain steps can be detrimental to your ability to seek benefits.

In order to help you understand the most effective ways to protect your claim, our team has put together a few different things you can do to help yourself. These should be done soon after you suffer harm to give yourself a favorable chance at securing the benefits you need.

Understand If Your Employer Offers Workers' Compensation Coverage

In the state of Texas, not all employers are required to offer workers' compensation insurance. This would mean that you may need to rely on legal action in order to pursue compensation for the damages you have sustained as a result of negligence.

...

Countless individuals go to work each day, never expecting anything to go wrong. However, in Texas, there are many industries where workplaces are filled with potential dangers, and companies are expected to protect their workers from injury and keep them safe.

Still, workers can suffer significant injuries while working. This leaves them with a few different options to pursue compensation and the benefits they need. One of the most common claims they can file is workers' compensation, which can be very useful as long as the process is navigated carefully.

Filing a Workers' Compensation Claim

Before you move forward, you should know that Texas does not require all employers to carry workers' compensation coverage for their employees. In cases where the employer does not carry workers' compensation coverage for their employees or those involving an intentional act that results in serious injuries, the worker may have the right to file a lawsuit against the employer or other party responsible for damages.

...

Doug Schad, a contractor working on a new Qualitech Steel Plant, went to find out why the refinery's final stage vessel wasn't operating correctly when an explosion ripped through the pit where he was standing. He and two others were seriously burned. Our evidence showed corporate cost-cutting and lack of safeguards were responsible. A jury found the companies guilty of gross negligence, prompting the companies to settle before the jury could award damages.


Construction of the Qualitech Steel plant was almost finished. The next step was to run through a start-up to make sure everything was working as it should. It wasn't. Designed to produce iron carbide from iron ore through a heating and cooling process, the refinery's cooling vats located in a pit deep in the earth were not reducing temperatures enough. Doug Schad, director of Qualitech Operations and Construction, was checking on the vats when an explosion ripped through the pit, severely burning him and two other workers.

The Edwards firm's investigation showed that corporate cost-cutting had altered the design of the cooling vats, causing them to malfunction. Further, the companies responsible for designing and building the plant – Kawasaki, Mitsubishi, and Honeywell, among others – failed to install computer interlocks, safety mechanisms and emergency shut- down systems that would have prevented the explosion.

...

Hector Arrisola was seriously injured when a driver in a company truck crashed into his vehicle. We took the company, responsible for training and supervising their driver, to court. The settlement we won for Hector covered his past and future medical expenses and lost income, and compensated him for other losses, such as pain and suffering.

Oil field driller Hector Arrisola was headed to McDonald's for breakfast when he was suddenly broadsided by a pickup turning left. The collision severely injured Arrisola, who was taken away by ambulance and later underwent surgery for extensive shoulder injuries.

The family contacted the Edwards Law Firm. “We had never, ever had a need for a lawyer before,” said Hector's wife, Norma. “They were recommended by a co-worker who had used them years before and who had nothing but good things to say about them,” she recalled.

...
Back to Top