Why Choose Payne Law Group for Your Injury Claim
Injured workers in Bryan, TX, and the surrounding Brazos Valley deserve an attorney who knows Texas law and fights for every dollar they deserve. The Payne Law Group has been doing exactly that since 1949. Here’s what sets us apart:
- Proudly serving the Bryan-College Station area and surrounding communities for over 70 years
- Lead attorney Scott Scherr is Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a distinction held by fewer than 2 percent of Texas attorneys.
- Proven record of multimillion-dollar jury verdicts and settlements on behalf of injured Texans
- All injury claims handled on a contingency fee basis: you pay nothing unless we recover compensation for you
- Available 24/7/365, including bilingual (Spanish) support]
If you were hurt at work and are not sure where to turn, contact our team for a free consultation. One call is all it takes.
What is the Difference Between Workers' Comp and Personal Injury Claims in Texas?
Texas has a unique workers’ compensation system. Most states require employers to carry workers’ comp insurance, but Texas does not. That distinction is significant for injured workers exploring their options.
What Workers’ Compensation Covers in Texas
If your employer carries workers’ compensation insurance (known as a “subscriber”), workers’ comp provides benefits regardless of fault. This means you can receive wage replacement, medical benefits, and death benefits without proving that anyone acted negligently. In exchange, you generally give up the right to sue your employer directly.
Benefits under Texas workers’ comp typically include:
- Partial wage replacement (not 100%)
- Coverage for medical treatment related to the injury,
- Supplemental income benefits (in cases of permanent impairment
Workers’ comp does not, however, compensate you for pain and suffering or the full value of your non-economic losses.
When a Personal Injury Lawsuit May Also Apply
A personal injury claim operates differently. Rather than a no-fault system, personal injury law requires you to show that someone else’s negligence caused your injury. The advantage is that a successful personal injury claim allows you to recover damages that workers’ comp does not cover, including pain and suffering, emotional distress, and the full extent of your lost earning capacity.
If your employer does not carry workers’ compensation insurance (a “non-subscriber”), you may be able to sue your employer directly for negligence. If a third party, such as a contractor, equipment manufacturer, or another driver, contributed to your injury, a personal injury claim against that party is possible even when your employer is a workers’ comp subscriber.
Can You File Both at the Same Time?
Yes. In Texas, it is possible to pursue workers’ compensation benefits and a third-party personal injury claim simultaneously. Your workers’ comp insurer may, however, have a right of subrogation, meaning they may seek reimbursement from any personal injury settlement or verdict for benefits they already paid. An experienced attorney can help structure your claims to maximize your total recovery.
When Can an Injured Worker File a Personal Injury Claim in Texas?
Filing a personal injury claim if you were injured on the job generally depends on whether a party other than your employer was responsible, at least in part, for causing your injury. These are called “third-party” claims.
Also, if your employer does not subscribe to workers’ comp in Texas, you may be able to sue the employer directly. In that case, your employer cannot claim contributory negligence as a defense.
Common Examples of Third-Party Negligence on the Job
Third-party negligence in the workplace can take many forms. Some of the most common include:
- A subcontractor or general contractor on a construction site fails to follow safety protocols, causing a fall or structural collapse
- A manufacturer or distributor provides defective machinery, power tools, scaffolding, or safety equipment that fails during normal use
- A property owner or building manager fails to address a known hazard, such as a wet floor, broken stairway, or inadequate lighting
- A driver causes a collision while you are driving or riding in a vehicle as part of your job duties
- A chemical company supplies a hazardous substance without adequate safety data or proper labeling
In these situations, your injury may support both a workers’ comp claim and a separate personal injury lawsuit. A workplace injury attorney at Payne Law Group can evaluate the specifics of your situation.
Common Types of Workplace Injuries That Lead to Claims
Certain industries and occupations in Texas carry a higher risk of serious injury.
Construction Site Accidents
Construction sites are among the most hazardous work environments in Texas. Falls from scaffolding, ladders, or elevated surfaces are a leading cause of serious injury and death. Other common construction accidents include being struck by falling objects, electrocution, trench collapses, and equipment malfunctions. When multiple contractors share a worksite, the potential for third-party liability is especially high. The general contractor, a subcontractor, or a materials supplier may all bear some responsibility depending on how the accident occurred.
Oilfield and Energy Industry Injuries
Texas has a significant oil, gas, and energy sector, and oilfield work comes with substantial risks. Blowouts, fires, explosions, and exposure to toxic chemicals are among the hazards that oilfield workers face. Equipment failures, inadequate training, and poor safety oversight by third-party contractors or operators can give rise to personal injury claims separate from any workers’ comp benefits. At Payne Law Group, we have extensive experience handling oilfield injury claims across the Brazos Valley and beyond.
Vehicle and Transportation Accidents on the Job
Many Texas workers spend significant time on the road, whether driving delivery vehicles, operating heavy equipment, or traveling between job sites. When a third-party driver causes an accident, the injured worker may pursue a personal injury claim against that driver (and potentially their employer) in addition to any workers’ comp benefits. Commercial vehicle crashes can be especially severe, involving fully loaded trucks, tankers, or construction vehicles that cause catastrophic harm on impact.
How Is Fault Determined in Texas Workplace Injury Cases
Successfully pursuing a personal injury claim after a workplace accident requires proving that another party’s negligence caused your injury.
Proving Negligence Against a Third Party
To establish negligence, you must prove the following elements:
- The third party owed you a duty of care
- They breached that duty through careless or reckless conduct
- That breach directly caused your injury
- You suffered damages as a result.
In a workplace context, this may mean demonstrating that a subcontractor failed to comply with OSHA safety standards, a manufacturer knew of a product defect but failed to warn users, or a property owner was aware of a dangerous condition and failed to repair it.
Evidence That Strengthens Your Claim
Building a strong personal injury claim after a workplace accident requires gathering evidence as soon as possible. This includes:
- Photographs and video of the accident scene, including the hazard that caused your injury
- Witness statements from coworkers, bystanders, or anyone who observed the incident
- Incident reports filed with your employer or site supervisor
- Medical records and physician statements documenting the nature and severity of your injuries
- Equipment maintenance logs, inspection records, and manufacturer documentation
- OSHA inspection or violation records related to the worksite
- Expert testimony from safety consultants, engineers, or medical professionals
Preserving this evidence early is critical. Our firm has the resources and experience to conduct thorough investigations and build the strongest possible case on your behalf.
How Texas’s Modified Comparative Fault Rule Applies
Texas follows a modified comparative fault system under the state’s proportionate responsibility statutes. Under this rule, your compensation is reduced by your percentage of fault for the accident. If you are found to be 25 percent responsible, your damages are reduced by 25 percent.
Importantly, under Texas’s 51% bar rule, if you are found to be more than 50 percent responsible for your own injury, you are barred from recovering any compensation at all. This makes it critical to work with an attorney who can counter the defense’s attempts to shift blame onto you.
Damages Available in a Texas Personal Injury Claim for Workers
One of the most significant advantages of a personal injury lawsuit over workers’ compensation alone is the potential damages you can pursue.
Economic Damages
Economic damages are the quantifiable financial losses caused by your injury. In a Texas personal injury claim, these typically include:
- Past and future medical expenses
- The full value of lost wages
- Future lost earning capacity
- Rehabilitation and physical therapy costs
- Costs of assistive devices or home modifications
- Out-of-pocket expenses resulting from the injury
Unlike workers’ comp, which replaces only a portion of your wages, a personal injury award can account for the complete economic impact of your injury over your lifetime.
Non-Economic Damages
Non-economic damages compensate for losses that do not have a set dollar value but are nonetheless very real. These include:
- Pain and suffering
- Emotional distress
- Permanent disfigurement/disability
- Loss of enjoyment of life
- Loss of consortium (the impact on your relationship with your spouse or family).
How a Personal Injury Award Interacts With Workers' Comp Benefits
If you receive both workers’ compensation benefits and a personal injury settlement or verdict, your workers’ comp insurer generally has a subrogation lien, meaning they may seek reimbursement from your personal injury recovery for amounts they paid. An experienced attorney can negotiate this lien to preserve as much of your personal injury award as possible. Understanding this interaction from the beginning of your case helps ensure you are not surprised by deductions at the end.
Texas Statute of Limitations for Injured Worker Claims
In Texas, the general statute of limitations for personal injury claims is two years from the date of the injury. If you do not file a lawsuit within this window, you will typically lose the right to pursue compensation regardless of how strong your case is.
There are limited exceptions that can extend or shorten this deadline. Claims involving government entities may carry shorter notice periods. Cases where the injury was not immediately discovered (such as occupational diseases or chemical exposure) may have a different start date for the limitations period. If the injured person is a minor, the statute of limitations may be tolled until they reach adulthood.
Missing a filing deadline can prevent you from bringing a claim at all, so it is important to speak with an attorney as soon as possible after a workplace injury.
Steps to Take After a Workplace Injury in Texas
What you do in the hours and days following a workplace accident can directly affect the strength of your personal injury claim. Taking the right steps early protects both your health and your legal rights.
Immediate Actions to Protect Your Health and Your Claim
Your priority after any workplace accident is to get medical attention. Even if you feel your injuries are minor, some serious conditions, including traumatic brain injuries, internal injuries, and certain musculoskeletal damage, do not always produce obvious symptoms immediately.
Seeking prompt medical care creates a record connecting your injuries to the workplace incident, which is essential for any future claim. Follow your doctor’s treatment plan, attend all follow-up appointments, and keep records of all medical visits and expenses.
Document the Scene and Report the Injury
If you are physically able to do so safely, document the accident scene with photographs or video before conditions change. Note the exact location, any equipment or materials involved, and any visible hazards. Report the injury to your employer or supervisor as soon as possible, and ensure a written incident report is created. Keep a copy of this report for your own records. If there were witnesses, get their names and contact information before they leave the scene.
Consult a Texas Personal Injury Attorney Early
The decisions you make in the early days after a workplace injury can significantly affect the outcome of your case. An attorney can identify all potential sources of liability, help preserve critical evidence before it disappears, advise you on what to say (and what not to say) to insurance adjusters, and ensure that you meet all filing deadlines.
Insurance companies and third-party defendants often move quickly to investigate accidents and gather information that supports their interests. Having a knowledgeable attorney in your corner from the start ensures someone is working just as hard to protect yours.
Contact Our Bryan, TX Personal Injury Lawyer Today
When a workplace injury disrupts your life, you deserve more than a partial payout. At The Payne Law Group, our Board-Certified attorneys have fought for injured workers across Bryan, TX, and the Brazos Valley for over 70 years. We work on a contingency basis, so there is no cost to you unless we win. Contact us today for a free consultation. Se habla español.
Frequently Asked Questions
Can my employer be sued for a workplace injury in Texas?
It depends on whether your employer carries workers’ compensation insurance. If your employer is a workers’ comp subscriber, you are generally limited to workers’ comp benefits and cannot sue your employer directly. However, if your employer is a non-subscriber (meaning they do not carry Texas workers’ comp coverage), you may be able to file a personal injury lawsuit against them. In a non-subscriber case, your employer cannot raise the defense that you were contributorily negligent, which can significantly strengthen your claim.
What if I were partially at fault for my own injury?
Texas uses a modified comparative fault rule. As long as you are not found to be more than 50 percent responsible for your own injury, you can still recover compensation. Your award will be reduced in proportion to your percentage of fault. For example, if a jury finds you 20% at fault and awards $200,000 in damages, you would receive $160,000. An experienced personal injury attorney will work to minimize any fault attributed to you and maximize your recovery.
