Practice Areas
When Your Job Hurts You: Workplace & On-Site Injuries in Austin, Texas
You go to work expecting to come home safely. You trust your employer to provide a safe environment, to train you properly, to give you the right equipment. But when that trust is broken, the consequences can be devastating. A fall from scaffolding. A crush injury from unguarded machinery. A repetitive stress injury that ends your career. A toxic exposure that causes cancer years later. Workplace injuries are not just accidents—they are often preventable. And when they happen, injured workers face not only physical pain but also the stress of navigating a complex system of workers’ compensation, third-party claims, and the fight for fair compensation.
At Barton & Associates, Attorneys at Law, we represent workers across Central Texas who have been injured on the job. From the construction sites of Austin to the manufacturing plants of Round Rock, from the warehouses of the Domain to the offices of downtown, we understand the unique challenges of workplace injuries. Our attorneys have spent decades fighting for the rights of injured workers, holding employers and third parties accountable when safety is sacrificed for profit.
We know that workplace injury cases are different. They require navigating the workers’ compensation system, identifying third-party claims, and understanding the unique laws that govern workplace safety. We know how to investigate the cause of your injury, identify all responsible parties, and build a case that gets you the compensation you deserve.
If you have been injured on the job, you are not alone. Let us help you navigate the path to recovery.
Understanding Workplace Injuries
Workplace injuries can happen in any industry. Some are sudden and traumatic—a fall, a crush injury, a burn. Others develop over time—repetitive stress injuries, hearing loss, occupational diseases.
Types of Workplace Injuries:
Slips, Trips, and Falls: Falls from heights, falls on wet floors, falls from ladders or scaffolding
Machinery Accidents: Crush injuries, amputations, caught-in or caught-between accidents
Overexertion: Lifting injuries, back injuries, repetitive stress injuries
Vehicle Accidents: Forklift accidents, delivery truck crashes, construction vehicle incidents
Falling Objects: Struck-by accidents from tools, materials, or equipment
Electrical Accidents: Burns, electrocution
Chemical Exposure: Burns, respiratory illness, cancer
Hearing Loss: Continuous exposure to loud noise
For residents across Central Texas, workplace injuries can happen in any industry—construction, manufacturing, healthcare, retail, transportation, and office environments.
What Is Workers’ Compensation in Texas?
Texas is unique in that employers are not required to carry workers’ compensation insurance. This creates two distinct paths for injured workers.
If Your Employer Has Workers’ Comp:
You can receive benefits regardless of fault
Benefits include medical expenses and lost wages
You cannot sue your employer (exclusive remedy)
You may be able to sue third parties (manufacturers, contractors)
If Your Employer Does NOT Have Workers’ Comp:
You can sue your employer directly for negligence
You can recover pain and suffering, not just medical bills and lost wages
The employer has no immunity
What Workers’ Comp Covers:
Medical expenses (100% of reasonable and necessary care)
Lost wages (approximately 70% of average weekly wage)
No pain and suffering
What Workers’ Comp Does NOT Cover:
Pain and suffering
Emotional distress
Punitive damages
For those in the Austin area, understanding your employer’s workers’ comp status is essential.
How to File a Third-Party Claim for a Workplace Injury
Even if you receive workers’ compensation, you may have a claim against a third party—someone other than your employer—whose negligence caused your injury.
Who Is a Third Party:
Manufacturers of defective equipment
General contractors (if not your employer)
Subcontractors
Property owners
Other drivers (if injured in a work-related vehicle accident)
Product manufacturers
What You Can Recover:
Medical expenses (past and future)
Lost wages (past and future)
Pain and suffering
Emotional distress
Loss of enjoyment of life
Why Third-Party Claims Matter:
Workers’ compensation does not cover pain and suffering. A third-party claim allows you to recover full damages, including the non-economic losses that workers’ comp ignores.
For residents across Central Texas, third-party claims are often the key to fair compensation.
Construction Site Injuries
Construction sites are among the most dangerous workplaces. Falls from heights, trench collapses, electrical accidents, and struck-by incidents are common.
Common Construction Injuries:
Falls from ladders, scaffolding, roofs
Trench collapses
Electrical burns and electrocution
Struck-by falling objects
Caught-in or caught-between machinery
Repetitive stress injuries
Who Is Liable:
General contractors
Subcontractors
Property owners
Equipment manufacturers
Safety inspectors
OSHA Violations:
The Occupational Safety and Health Administration (OSHA) sets safety standards for construction sites. Violations of OSHA standards can be evidence of negligence.
For those in the Austin area, construction site accidents often involve multiple contractors and complex liability issues.
Manufacturing and Industrial Injuries
Manufacturing plants and industrial facilities present unique hazards—heavy machinery, chemicals, noise, and repetitive motion.
Common Manufacturing Injuries:
Amputations from unguarded machinery
Crush injuries
Chemical burns
Respiratory illness from dust or fumes
Hearing loss
Repetitive stress injuries (carpal tunnel, tendonitis)
Who Is Liable:
The employer
Equipment manufacturers
Chemical manufacturers
Contractors
Safety Violations:
OSHA also regulates manufacturing safety. Lockout/tagout violations, failure to guard machinery, and inadequate personal protective equipment are common sources of liability.
For residents across Central Texas, manufacturing injuries require a thorough investigation of safety protocols and equipment.
Oilfield and Energy Sector Injuries
The oilfield and energy sector is one of the most dangerous industries in Texas. Workers face risks from heavy equipment, flammable materials, and long hours.
Common Oilfield Injuries:
Burns from explosions or fires
Crush injuries from heavy equipment
Amputations
Fractures
Head injuries
Toxic exposure
Who Is Liable:
The employer
Equipment manufacturers
Contractors
Well operators
Federal and State Regulations:
The oilfield is regulated by OSHA and the Railroad Commission of Texas. Violations of safety regulations can be evidence of negligence.
For those in the Austin area, oilfield injuries often involve multiple parties and complex liability issues.
Warehouse and Logistics Injuries
Warehouses and distribution centers are growing rapidly in Central Texas. These workplaces present risks from forklifts, loading docks, and repetitive motion.
Common Warehouse Injuries:
Forklift accidents
Loading dock falls
Struck-by falling pallets
Repetitive stress injuries
Back injuries from lifting
Who Is Liable:
The employer
Equipment manufacturers
Third-party logistics companies
Safety Standards:
OSHA regulates warehouse safety. Forklift training, load limits, and material handling standards are common sources of liability.
For residents across Central Texas, warehouse injuries require investigation of training, equipment, and safety protocols.
Healthcare Worker Injuries
Healthcare workers face unique risks—patient handling injuries, needlesticks, violence, and exposure to infectious diseases.
Common Healthcare Injuries:
Back injuries from lifting patients
Needlestick injuries
Workplace violence from patients
Infectious disease exposure
Burnout and stress-related illness
Who Is Liable:
The employer
Equipment manufacturers (lifting devices)
Third parties (violent patients may be pursued for civil claims)
Special Considerations:
Healthcare workers may be covered by workers’ compensation, but third-party claims may be available against manufacturers of defective equipment or individuals who cause harm.
For those in the Austin area, healthcare worker injuries require a nuanced understanding of the unique risks of medical settings.
Repetitive Stress Injuries
Not all workplace injuries are sudden. Repetitive stress injuries develop over time—carpal tunnel syndrome, tendonitis, back injuries, hearing loss.
Common Repetitive Stress Injuries:
Carpal tunnel syndrome (keyboarding, assembly work)
Tendonitis
Rotator cuff injuries
Herniated discs
Hearing loss
Proving Repetitive Stress Injuries:
Documentation of work activities
Medical records
Expert testimony linking the injury to work activities
Who Is Liable:
The employer (if workers’ comp applies)
Third parties (equipment manufacturers, ergonomic consultants)
For residents across Central Texas, repetitive stress injuries require careful documentation and expert testimony.
Occupational Diseases
Some workplace injuries are not accidents—they are diseases caused by exposure to toxins over time.
Common Occupational Diseases:
Silicosis (construction, mining)
Asbestosis (construction, shipbuilding)
Mesothelioma (asbestos exposure)
Lung cancer (exposure to diesel exhaust, chemicals)
Leukemia (benzene exposure)
Hearing loss (noise exposure)
What You Must Prove:
You were exposed to the toxin at work
The toxin is capable of causing your disease
The exposure caused your disease
You suffered damages
For those in the Austin area, occupational diseases often have long latency periods and require expert testimony from toxicologists and epidemiologists.
Frequently Asked Questions About Workplace & On-Site Injuries in Austin, Texas
When workers come to our office—whether from Austin’s construction sites, manufacturing plants, or office buildings—they often have questions about workplace injuries. Here are the answers to the most common inquiries we receive.
What is workers’ compensation?
Workers’ compensation is a system that provides medical benefits and lost wages to workers injured on the job, regardless of fault. In Texas, employers are not required to carry workers’ comp.
What if my employer doesn’t have workers’ comp?
If your employer does not have workers’ comp, you can sue them directly for negligence. You can recover pain and suffering, not just medical bills and lost wages.
What is a third-party claim?
A third-party claim is a lawsuit against someone other than your employer whose negligence caused your injury—a manufacturer, contractor, property owner, or other driver.
What is the statute of limitations for workplace injuries?
For workers’ comp claims, you must report the injury promptly. For third-party claims, you generally have two years from the date of injury to file a lawsuit.
What damages can I recover?
If you have a workers’ comp claim, you can recover medical expenses and lost wages. If you have a third-party claim, you can also recover pain and suffering, emotional distress, and loss of enjoyment of life.
Can I sue my employer for a workplace injury?
If your employer has workers’ comp, you generally cannot sue them—workers’ comp is your exclusive remedy. If your employer does not have workers’ comp, you can sue them directly.
Do I need an attorney for a workplace injury?
Yes. Workplace injury cases are complex, and the workers’ compensation system can be difficult to navigate. An experienced workplace injury attorney can help you understand your rights and pursue all available claims.
Why Barton & Associates for Workplace & On-Site Injuries in Austin
Workplace injury cases require attorneys who understand the workers’ compensation system, the OSHA regulations, and the strategies for identifying third-party claims. Our attorneys have spent decades representing workers across Central Texas who have been injured on the job.
We know the local industries, the employers, and the third parties who may be liable. And we know how to build a case that gets you the compensation you deserve.
Take the First Step Toward Recovery
If you have been injured on the job, do not wait. Evidence disappears. Witnesses forget. The sooner you have an experienced attorney on your side, the sooner you can begin the process of seeking the compensation you need to recover.
Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced workplace injury attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you seek the justice you deserve.
Main Category: Personal Injury Austin
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)