Dallas Workplace Accident Lawyer

Were you injured while working in Dallas, Texas? You may have more than one path to compensation, including third-party damages beyond workers’ comp.

A Dallas workplace accident lawyer at Trujillo Gonzalez, P.C. can help you understand your options and pursue everything you are owed. Call (972) 550-6818 for a free consultation.

Texas handles workplace injuries differently than almost every other state, and that difference can significantly change what your case is worth. Contact our Dallas office today to learn more. 

Why Choose Trujillo Gonzalez, P.C. After a Workplace Accident in Dallas, TX?

A workplace injury can leave you without income when you need it most. You need a legal team that understands the pathways to recovering compensation for on-the-job injuries. Trujillo Gonzalez, P.C. can help you get the money you deserve.

Clients throughout Dallas, TX, trust our Dallas injury lawyers because:

• Our founding attorney has hundreds of trials and arbitrations under his belt.
• We have recovered millions of dollars in settlements and verdicts, including results well beyond typical workers’ compensation limits. 
• We have been recognized by leading legal organizations, including Texas Lawyer Magazine and the Million Dollar and Multi-Million Dollar Advocates Forum
• Our team boasts decades of combined experience navigating both workers’ compensation claims and direct negligence lawsuits against Texas employers 
• We handle every case on a contingency fee basis, so there is no upfront cost to get started

Call today to schedule a free consultation with a Dallas workplace accident attorney who will fight for the full compensation your injury deserves.

Texas Law on Workplace Injuries

Texas does not require private employers to carry workers’ compensation insurance. Rather, employers can choose to “subscribe” to the state system, or they can opt out and become a “nonsubscriber.”

If your employer subscribes to workers’ compensation, your claim generally proceeds through the state’s no-fault system. You can typically recover benefits regardless of who caused the accident. In exchange, workers’ compensation is usually your exclusive remedy against your employer, meaning you generally cannot sue them directly.

If your employer is a nonsubscriber, you may be able to sue them directly. Because a nonsubscribing employer has opted out of the workers’ compensation system, it loses the legal protection that system normally provides. Injured employees can sue a nonsubscriber employer directly for negligence, and under Texas Labor Code Section 406.033, the employer is barred from raising several traditional defenses, including arguing that you were partly at fault, that you assumed the risk of your job duties, or that a coworker’s negligence caused your injury. 

Nonsubscriber lawsuits are considerably more valuable than a standard workers’ compensation claim, since there is no cap on damages and pain and suffering becomes recoverable.

Determining whether your employer subscribes to workers’ compensation is one of the most important parts of a workplace injury case. 

What Is My Dallas Workplace Injury Case Worth?

The value of your claim depends heavily on whether a third party outside your employer also contributed to the accident.

Other factors that can affect your case’s value include:

• The severity of your injury and whether it caused permanent disability 
• The amount of medical treatment required, now and in the future 
• Lost wages and any reduction in your future earning capacity 
• Whether you can return to your prior occupation 
• Any comparative fault issues relevant to a third-party or nonsubscriber claim

An experienced Dallas workplace accident attorney can evaluate your specific circumstances and explain which type of claim, or combination of claims, applies to your situation. They can also work with experts to establish the value of your damages (when necessary).

What Compensation Is Available After a Workplace Injury in Texas?

The compensation available to you depends significantly on whether your employer carries workers’ compensation coverage.

Workers’ compensation benefits, available through a subscribing employer, typically include:

• Payment of reasonable medical expenses 
• Temporary income benefits during recovery 
• Impairment income benefits for permanent impairment 
• Supplemental income benefits in certain qualifying cases 
• Death benefits for surviving family members

These benefits do not include compensation for pain and suffering, and wage replacement is generally capped at a percentage of your average weekly wage rather than your full income.

A negligence claim against a nonsubscribing employer or a negligent third party opens the door to a broader range of damages, including:

• Full past and future lost wages 
• Diminished future earning capacity 
• Complete medical expenses, past and future 
• Pain and suffering 
• Mental anguish 
• Permanent disability or disfigurement 
• Loss of enjoyment of life 

Your attorney can help you determine which damages apply to your case and ensure that no category of benefits or compensation is excluded. 

Workplace Accidents We Handle in Dallas

Dallas’s economy is robust and features many dangerous industries, including construction, logistics, manufacturing, and energy. Serious accidents can and do happen on these worksites, and many others. 

Our attorneys regularly handle cases involving:

• Construction site accidents 
• Scaffold and ladder falls 
• Forklift and heavy equipment accidents 
• Machinery malfunctions 
• Warehouse and distribution center injuries 
• Industrial and manufacturing accidents
• Vehicle accidents occurring during work duties 
• Electrical injuries 
• Chemical exposure incidents 
• Repetitive stress injuries 
• Falling object accidents 
• Workplace fires and explosions

If you suffered injuries in one of these accidents, we can help you understand your rights and put you on the path to recovering full compensation. 

What Causes Most Workplace Injuries in Dallas?

Most workplace accidents are preventable and connect back to safety shortcuts or hazards that went unaddressed.

Common causes include:

• Unsafe job site conditions 
• Inadequate safety training 
• Defective machinery or equipment 
• Failure to provide proper protective gear 
• Slippery floors or hazardous walkways 
• Falling tools or materials 
• Poor equipment maintenance 
• Safety regulation violations 
• Understaffing and excessive workloads

Many accidents are related to OSHA violations and could have been avoided if the employer or third party complied with safety regulations. 

Identifying exactly what caused your accident is central to any workplace injury claim, and it often determines whether a nonsubscriber lawsuit or a third-party claim is available in addition to standard benefits.

Can I Still Recover Compensation if I’m Partially Responsible for My On-The-Job Accident in Dallas?

It depends on which type of claim applies to your case. Standard workers’ compensation benefits are generally no-fault, meaning you can typically still recover them even if your own error contributed to the accident.

Third-party claims follow Texas’s modified comparative negligence rule. You can recover compensation as long as you are found no more than 50% at fault, though your award is reduced by your percentage of responsibility. You cannot recover any money if you are 51% or more at fault. 

Claims against a nonsubscribing employer work differently. Because Texas law strips non-subscribers of contributory negligence and assumption of risk defenses, your own conduct generally cannot be used to reduce or eliminate your recovery in those cases. However, an employer may still argue that your conduct was the sole cause of the accident.

An experienced attorney can help you determine whether comparative fault laws apply to your case. 

How Long Do I Have to File a Workplace Injury Claim in Texas?

Deadlines vary depending on the type of claim. For a standard workers’ compensation claim, you generally must report your injury to your employer promptly and file a claim with the Texas Department of Insurance within one year of the injury.

For a negligence lawsuit against a nonsubscribing employer or a third party, Texas law generally allows two years from the date of the accident to file suit.

Missing either deadline can permanently cost you the right to recover compensation, which is why speaking with an attorney early is so important.

How Much Does It Cost to Hire a Dallas Workplace Accident Lawyer?

Workplace injury and related third-party claims are typically handled on a contingency fee basis. There are no upfront retainers, no hourly invoices, and no bill arriving while your case is still pending.

Instead, your attorney’s fee is calculated as a percentage of whatever compensation is ultimately recovered through a settlement or verdict. That percentage typically falls somewhere between 33% and 40%. If your attorney does not recover compensation on your behalf, you generally owe no attorney’s fees for the time and work put into your case.

This structure allows injured workers to secure experienced legal representation without taking on additional financial strain while missing work. 

Beyond attorney’s fees, most cases also involve certain case costs or court filing fees, where a lawsuit becomes necessary. These costs are typically advanced by the firm and are usually recovered from your settlement or verdict.

Trujillo Gonzalez, P.C. offers contingency fee representation and free consultations to every injured worker who comes to us for help.

Contact a Dallas Workplace Accident Lawyer for a Free Consultation

After a serious workplace accident, you may feel pressure to simply accept whatever benefits are offered and move on. But depending on your employer’s status and the facts of your accident, you may be entitled to substantially more compensation.

Trujillo Gonzalez, P.C. will help you evaluate every available path to compensation and recover the full damages you are owed. Contact us today for a free consultation with a Dallas workplace accident attorney.

Visit Our Dallas Personal Injury Law Office

Trujillo Gonzalez PC – Dallas
1111 W Mockingbird Ln #260,
Dallas, TX 75247, United States
Phone: (972) 550-6818
Open 24/7