Practice Areas

Industrial Accidents.

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

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Before you call

The situations I hear about most, answered honestly: which are cases I take, which are not, and where to go either way. Read it first → Or see where else to go.

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. When the company is the owner of the site, Texas law sets a higher bar first: read Chapter 95.

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.

From The Night Docket

The science of these injuries, from my writing desk:

The Fifth Circuit: Allemond v. Talos →
A welder on a platform off Louisiana lost a fingertip to the moving conductor pipe he was hired to brace, after seven warnings that morning. No unreasonable risk under Louisiana’s risk-utility test, no proof of what a safer method would cost, and an operational-control argument forfeited because it was never made in the district court.
The Body: The Quiet Gas →
Carbon monoxide has no color and no smell, and it takes oxygen’s seat in the blood and holds it about two hundred times harder. Why the symptoms look like the flu, why the fingertip monitor reads normal, the injury that shows up weeks later, what the storms taught Texas about generators, and what the law asks.
Dispatch: The Edge →
Falls, slips, and trips killed 844 American workers in 2024, 77 in Texas. Why a fall from height is a case about the edge: the six-foot rule and the standard OSHA cites most.
The Body: The Splash →
A chemical in the eye: acid or alkali, why the water has to be within ten seconds, and what the law requires around corrosive chemicals.
One Word: Secondary →
A face shield belongs over goggles. What OSHA requires when the job means acid or caustic, and why the equipment is evidence.
Competent Person →
Every trench needs someone who can see a cave-in coming and has the power to stop the work. What that person enforces, and why the case turns on who held the power.
Dispatch: On the Job →
557 Texas workers killed on the job in 2024, the two causes that lead, and why comp is a floor and not a ceiling for a worker’s case.
Fertilizer →
Ammonium nitrate detonation and blast lung, the mechanism behind an industrial explosion.
Fire →
Post-incident fire, fuel-fed burns, and the science of inhalation injury.
Inspection →
The safety check that should have caught it, and what its absence proves.
Custom →
Industry practice, and how it cuts both ways in a safety case.
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