Employees in Texas have the legal right to work in an environment that is free from hazards that could cause serious injuries, including burn injuries. When an employer fails to comply with the required safety standards, especially in such high-risk industries as construction, manufacturing, and oil refining, that negligence may cause employees to suffer life-changing burn injuries. Understanding your rights and legal options is pivotal to ensuring you receive the right compensation for the losses incurred.
Employer Safety Responsibilities under Texas Law
Texas does not have its own laws regarding workplace safety. Instead, Texas follows the guidelines set forth by the federal Occupational Safety and Health Administration (OSHA) with respect to safety standards in employment. The OSHA guidelines address:
- The required training of employees who handle hazardous materials and machinery
- The safety protocols that must be in place, such as fire extinguishers, protective equipment, and regular safety inspections
- Maintenance requirements to ensure a safe work environment
Employee Rights When Burn Injuries Occur
Unlike other states, Texas does not require employers to provide workers’ compensation insurance. Accordingly, your legal remedy will differ, based on whether or not your employer subscribes to the Texas workers’ compensation system.
- Your Right To Workers' Compensation: If your employer participates in Texas workers' compensation, you can file a work comp claim. As a general rule, it will be your exclusive remedy for injuries caused by your employer or a co-worker.
- Your Right To Sue for Employer Negligence: If your employer is a nonsubscriber to the state workers compensation system, you have the right to file a personal injury lawsuit for damages. In such a claim, you can ask for lost wages or income, unreimbursed medical expenses, physical or emotional pain and suffering, loss of enjoyment of life, loss of companionship or consortium, and loss of or damage to personal property.
- Your Right To Pursue Compensation from a Third-Party: If your injuries were caused, to any degree, by the negligence of a third party (someone other than your employer or a co-worker), you have the right to file a personal injury claim against that party. You can file such a claim simultaneously with a work comp claim.
- Your Right To Be Free from Retaliation: State and federal laws protect you from employer retaliation for reporting unsafe conditions or filing injury claims.
Workers' Compensation vs. Third-Party Liability for Burn Injuries
| Workers' Compensation | Third-Party Liability Claims | |
| Definition | Your exclusive legal remedy for injuries caused by your employer or a co-worker. Available when your employer subscribes to the Texas workers’ compensation system. | Available when your injuries were caused by someone other than your employer or a coworker |
| Exclusive Remedy Rule | Workers’ compensation is your only potential source of recovery for workplace injuries caused by your employer or a coworker when your employer participates in the workers’ compensation system. | You won’t be limited by the exclusive remedy rule if your injuries were caused by an unrelated third party. |
| When Applicable | Applies to injuries caused by your employer or a coworker under Texas workers' compensation laws. | Available when negligence of a third party causes your injury |
| Legal Requirements | No need to prove fault. You need only show that you were injured and that the injury was work-related. | Must prove negligence to recover compensation |
| Role of Attorney | Can help you navigate the state workers’ compensation system, from the preparation and filing of a claim through any appeals | Gather and preserve evidence Prepare and file pleadings and other documents Act as your advocate in hearings, meetings, and legal proceedings |
Pursuing Compensation and Legal Assistance
When your employer fails to protect you from workplace burn injuries, seeking legal representation is essential. A Texas personal injury lawyer can help you explore all potential legal avenues, including:
- Filing a workers' compensation claim to cover necessary and reasonable medical costs, as well as lost wages
- Pursuing a personal injury lawsuit for damages (lost income, unreimbursed medical expenses, physical and emotional pain and suffering, loss of companionship or consortium, loss of enjoyment of life, and loss of or damage to personal property)
- Exploring third-party liability claims when some of your losses are caused by the wrongful acts of an unrelated third party
- Navigating legal protections against employer retaliation to ensure your rights are upheld
Read Also: Burn Injuries Severity and Causes
Let a Texas Burn Injury Lawyer Fight for Your Rights
At our Law Offices of Bailey & Gaylen, we understand the profound impact that workplace burn injuries can have on your life. Whether you’ve been injured in an industrial accident or due to employer negligence, our experienced attorneys are here to help you pursue the compensation you deserve.
For a free consultation, contact us online or call one of our Texas offices. Our phones are answered 24/7—because your recovery can’t wait. Se habla español.
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