Understanding Injured Employee Rights (Texas)

injured employee rights in Texas

Employee rights should be important to every Texan. Under both state and federal law, employees have certain rights and protections. If you or a loved one is wondering what to do after an injury at work, a critical first step is learning your rights after an injury at work.

Right to a Safe Workplace

One of the most important rights you have as an employee in Texas is the right to a safe workplace. This means the right to a workplace that is free from hazards which can pose risks to your life. Employers and others in control of a jobsite must recognize and reduce any conditions that are likely to cause employees to suffer serious bodily injury or death.

Federal Rights for Texas Workers

Federal law also entitles Texas employees a right to a safe work environment. Employers are responsible for ensuring a hazard-free workplace, prioritizing the health and safety of their employees.

You have the freedom to voice concerns regarding hazards, without fear of repercussions.

Federal rights guaranteed to Texas Workers also include:

  • The right to receive workplace safety and health training in a language you understand
  • The right to work with safe machines.
  • The right to refuse to work in hazardous situations.
  • The right to receive required safety equipment, and other personal protectice gear
  • The right to be protected from dangerous chemicals
  • The right to request an OSHA inspection
  • The right to speak to an OSHA inspector
  • The right to report an injury or illness
  • The right to get copies of your medical records
  • Employees have the right to access and review records pertaining to work-related injuries and illnesses.
  • The right to view test results for identifying workplace hazards are available.

[Source: OSHA Worker Rights and Protections]

Protection from Retaliation

Employers are prohibited by federal law from terminating, demoting, transferring, or engaging in any form of retaliation against workers who exercise their legal rights by filing a complaint with OSHA. If you suspect that you have faced any form of retaliation, it is important to promptly submit a whistleblower complaint within 30 days of the alleged incident. This will ensure that your concerns are properly addressed and investigated.

Types of Compensation Available for Injured Employees in Texas

Texas is the only state in the country that does not require employers to subscribe to workers’ compensation. If the employer is a non-subscriber, the injured employee can sue the employer directly instead of being barred by worker’s compensation. However, even if your employer does subscribe to workers’ comp, they may not be the only potentially responsible party, meaning you may be able to sue one or more other parties directly.

If the employer is a non-subscriber, the injured employee can sue the employer directly instead of being barred by worker’s compensation.

Determining who is responsible for causing your injuries is one of the most vital aspects of a workplace injury case. Finding out every single party who may have contributed to the situation that harmed you is an important step toward recovering full compensation.

If you suffered injuries while acting within the course and scope of your employment, then the responsible party or parties, may be responsible for your injuries. Suffering injuries during a workplace accident may entitle you to seek personal injury damages from the responsible party or parties. Some of the most common expenditures injured employees may seek compensation for in Texas include:

  • Medical equipment
  • Prescription medication
  • Occupational therapy
  • Hospital visits
  • Physical therapy
  • Surgical procedures
  • Ambulance fees
  • Lost wages
  • Loss of earning capacity

Protecting Your Rights as an Injured Employee in Texas

Obtaining legal representation will permit you to understand different aspects of your work injury case. A Houston work injury attorney can speak to you about case strategy, case settlement, and the benefits of filing dual claims. Dax F. Garza is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and he has over two decades of experience representing injured employees in litigation.

 If you want to schedule a free consultation, contact us today. You do not have to stand alone in your time of need. Reach out today to learn more about what you can do to enforce your legal rights in Texas.

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