Workplace Injury Attorney in Amarillo, Texas
Injured on the Job in Texas? Your Options Go Beyond Workers' Comp
Texas is the only state in the nation that does not require most private employers to carry workers’ compensation insurance. That means a significant number of Texas workers injured on the job — particularly in the oilfield, agricultural, and construction industries that drive the Panhandle economy — find themselves without workers’ comp coverage and unsure of what options they have. As a workplace injury attorney in Amarillo, Texas, Stockard, Johnston, Brown, Netardus & Doyle helps injured workers understand the full range of legal remedies available to them — whether or not their employer subscribed to workers’ comp.
Workers' Compensation in Texas — What Every Injured Worker Needs to Know
Texas workers’ compensation is an optional system for most private employers. Employers who participate — called subscribers — provide injured employees with a defined set of benefits through the workers’ comp system in exchange for immunity from most personal injury lawsuits. Employers who do not participate — non-subscribers — are exposed to personal injury lawsuits brought by injured employees, and they cannot use the defenses of contributory negligence, assumed risk, or fellow servant negligence that are available in other states.
This creates two very different legal paths for an injured worker in Texas. If your employer is a workers’ comp subscriber, you typically must go through the workers’ comp system for your injury claim — though you may still have third-party claims against parties other than your employer. If your employer is a non-subscriber, you can pursue a personal injury lawsuit directly and recover the full range of damages available in a civil negligence case. As a workplace injury attorney in Amarillo, Texas, the first thing we determine is your employer’s status — because it fundamentally changes your legal options.
Third-Party Claims — A Path to Full Recovery Regardless of Workers' Comp
Even when an employer is a workers’ comp subscriber, injured workers frequently have claims against third parties whose negligence contributed to the injury. In the Texas oilfield, construction, and agricultural industries, these third-party claims are common — and they are not limited by the workers’ comp system’s benefit caps.
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Oilfield injuries
equipment manufacturer liability for defective tools and machinery, contractor or subcontractor negligence, and property owner liability for unsafe site conditions -
Construction site injuries
general contractor liability, subcontractor negligence, equipment manufacturer liability, and property owner liability for site hazards -
Agricultural injuries
equipment manufacturer liability for defective farm machinery, landowner liability for unsafe conditions, and contractor negligence -
Trucking and transportation injuries
commercial vehicle accidents that occur in the course of employment, where the at-fault driver's employer may bear liability
Workplace Injuries We Handle for Panhandle Workers
Oilfield Accidents
Falls from height, equipment failures, blowouts, fires and explosions, and transportation accidents on oilfield roads
Agricultural Equipment Injuries
Tractor rollovers, auger and PTO injuries, grain bin entrapments, and feedlot equipment failures
Construction Site Falls
Falls from scaffolding, ladders, roofs, and elevated work surfaces
Struck-by and Caught-between Accidents
Heavy equipment, falling objects, and machinery entanglement
Toxic Chemical Exposure
Hydrogen sulfide exposure in oilfield settings, pesticide and herbicide exposure in agricultural settings, and chemical exposure in industrial settings
Repetitive Motion and Overexertion Injuries
Particularly in manual labor-intensive agricultural and construction work
Texas Workers' Comp Non-Subscriber Law — A Powerful Advantage for Injured Workers
When a Texas employer chooses not to carry workers’ compensation insurance (a non-subscriber), an injured employee can sue the employer directly for negligence. Critically, the employer cannot assert the traditional defenses of contributory negligence, assumption of risk, or the fellow servant rule — defenses that often defeat workplace injury claims in other contexts. This means that a non-subscriber employer who put an unsafe worker in an unsafe environment faces a significantly lower barrier to liability than would exist in most other legal frameworks. An attorney can determine your employer’s subscriber status and evaluate the full strength of your claim.
A Workplace Injury Attorney in Amarillo Who Understands Panhandle Industries
Workplace Injury Questions — Answered
What should I do immediately after a workplace injury in Texas?
Report the injury to your employer immediately and in writing if possible. Seek medical attention — and if your employer is a workers’ comp subscriber, ask which doctors are within the workers’ comp network. Document your injuries with photographs. Preserve any evidence related to the accident, including defective equipment or unsafe conditions. Contact an attorney before signing any releases or accepting any settlements from your employer or their insurer.
Does my employer have workers' compensation in Texas?
You can check your employer’s workers’ compensation subscriber status through the Texas Department of Insurance Division of Workers’ Compensation. Your employer is also required to post notice of their workers’ comp status in the workplace. If you are unsure, contact us — we can help determine your employer’s status and explain what it means for your legal options.
How much does it cost to hire a workplace injury attorney in Amarillo?
You pay nothing upfront. Workplace injury cases are handled on a contingency fee basis, which means you owe no attorney’s fees unless we recover compensation for you. The initial consultation is free, and we advance the costs of investigating the incident and building your claim. Our fee is a percentage of the recovery, agreed to in writing before we begin, so you can pursue what you are owed without adding financial pressure while you are out of work.
Can I sue my employer if I was injured at work in Texas?
If your employer is a workers’ comp non-subscriber, yes — you can sue them directly for negligence, and they cannot use the traditional defenses that otherwise protect employers. If your employer is a workers’ comp subscriber, your ability to sue them directly is generally limited, but you may still have claims against third parties whose negligence contributed to your injury. The specific options depend on your employer’s status and the facts of your injury.
How long do I have to file a workplace injury claim in Texas?
For workers’ comp claims, you generally have one year from the date of injury to notify the Texas Department of Insurance Division of Workers’ Compensation. For personal injury lawsuits against non-subscriber employers or third parties, the statute of limitations is two years under Texas Civil Practice & Remedies Code § 16.003. Time limits vary by claim type — contact an attorney promptly to make sure you do not miss any deadlines.
Injured on the Job in Amarillo or the Texas Panhandle? Know Your Rights.
Workplace injuries in Texas are legally complex — and your employer’s insurance company is already working to limit what you receive. Contact Stockard, Johnston, Brown, Netardus & Doyle for a free evaluation with an experienced workplace injury attorney in Amarillo who will assess your full range of options and fight for the maximum recovery available under Texas law.