Practice Areas

Industrial Accidents.

Houston runs on the people inside its plants. When a company cuts corners on safety, I send the bill back.

Refineries, chemical plants, and construction sites run on schedules and budgets. When safety loses that contest, workers pay with their bodies.

Houston is the energy capital of the country, and its economy is built on some of the most dangerous work there is. An industrial injury is rarely bad luck. It usually traces to a decision: a skipped inspection, a disabled safety device, a rushed shutdown, a crew sent into a space that was not made safe. Finding that decision, and the company behind it, is the work.

Texas is the opt-out state

Texas is the only state where employers can choose not to carry workers' compensation. Those employers are called non-subscribers, and the choice has a consequence. If a non-subscriber's negligence hurts you, you can sue it directly, in court, for your full damages, and it cannot fall back on the usual defenses that blame the worker.

Under Texas Labor Code Section 406.033, a non-subscribing employer sued by an injured employee cannot assert the common-law defenses of contributory negligence, assumption of the risk, or the fellow-servant rule. The employee must still prove the employer's negligence, but the deck is not stacked with those defenses.

Third-party claims

Even where workers' compensation applies and bars a suit against your employer, it does not touch everyone else. Refineries and job sites are crowded with other companies: contractors, subcontractors, equipment manufacturers, and property owners. When one of them causes the injury, a third-party claim against that company preserves your right to full recovery, including damages that workers' compensation never pays. Sorting out who is who, early, is often where the real case is found.

OSHA and the safety rules

Federal workplace safety standards set the baseline for how this work is supposed to be done, from fall protection to confined-space entry to machine guarding. A violation of those rules, and the citations and reports that follow an incident, are powerful evidence that a company chose speed or cost over the safety it owed its workers.

Common Questions
Can I sue my employer for a workplace injury in Texas?
It depends on whether your employer carries workers' compensation. Texas lets employers opt out, and if yours is a non-subscriber, you can generally sue it directly for negligence, and it cannot use the usual defenses that blame the worker under Labor Code Section 406.033.
What is a third-party claim?
It is a claim against someone other than your employer, such as a contractor, equipment manufacturer, or property owner whose negligence caused your injury. Third-party claims can be brought even when workers' compensation covers your employer, and they can recover damages comp does not pay.
What does OSHA have to do with my case?
Federal OSHA standards set the safety baseline for the work. A violation, and the citations or reports issued after an incident, can be strong evidence that a company put speed or cost ahead of the safety it owed.

Tell me what happened.

Free consultation. No fees unless we win. Speak with me directly, not a screener.

Contact Orlando Rodriguez

(713) 239-2300