On-the-Job Injury in McAllen: Workers' Comp or a Personal Injury Claim?

Workers' comp and a third-party claim are not the same thing

Workers' compensation is insurance your employer may carry that pays your medical bills and part of your lost wages after a job injury, regardless of who was at fault — but in exchange, it usually stops you from suing your employer directly. That trade-off only applies to your employer. If someone outside your company — a delivery driver, another contractor on the job site, the maker of a defective tool — is the one who actually caused your injury, Texas law generally lets you file a separate personal injury claim against that person or company on top of any workers' comp benefits.

When a third-party claim can apply to a McAllen work injury

• You're hurt by a driver from another company while working — making a delivery, driving between job sites, or on the road near the Expressway 83 / I-2 and I-69C interchange.
• You're injured by defective equipment, machinery, or a tool made, sold, or maintained by a company other than your employer.
• You work on a construction or job site with multiple contractors, and a different company's crew or equipment causes the accident.
• You're hurt while working at, or delivering to, a business that isn't your employer — a warehouse, a store near La Plaza Mall, or a client's property — because of an unsafe condition that business controlled.

Texas doesn't require every employer to carry workers' comp

Texas is one of the few states where most private employers can legally choose not to carry workers' compensation insurance. These employers are called 'non-subscribers.' If your employer is a non-subscriber, the usual trade-off doesn't apply, and you may be able to sue your employer directly for negligence — and Texas law takes away some of the defenses a non-subscriber employer would otherwise have. Whether your employer subscribes isn't always obvious from the outside, so it's worth having a lawyer check.

What to do after a work injury in McAllen

• Report the injury to your supervisor the same day, in writing if you can.
• Get medical care right away — through your employer's system if they carry workers' comp, or with your own doctor if they don't.
• Photograph the scene, the equipment, or the vehicle involved, if it's safe to do so.
• Get the names of any coworkers, contractors, or other drivers who saw what happened.
• Don't sign anything from your employer's insurer or a third party's insurer before talking to a lawyer.

How The Relentless Lawyer helps McAllen workers

Workplace injuries are one of the practice areas we handle from our main office at 317 W. Nolana Avenue in McAllen. We review the full picture of what happened — whether that means guiding you through a workers' comp claim, pursuing a personal injury claim against a negligent third party, or both at the same time — and if your case needs to be filed, Hidalgo County cases are filed in Edinburg, just up the road. We don't ask about your immigration status, we serve you in Spanish, and your consultation is free. You pay nothing unless we win.