Workers' Compensation in Houston
Houston workplace injuries from construction sites, warehouses, and industrial facilities often have two available recovery paths: workers' comp benefits AND third-party negligence claims against contractors, equipment manufacturers, and property owners. We identify both and pursue both.
Texas law that governs workers' compensation cases
Workplace injuries in Houston, and the non-subscriber angle
Harris County consistently sees among the highest construction-worker death tolls of any Texas county, and construction is one of the deadliest industries in the state (U.S. Bureau of Labor Statistics data). The Energy Corridor along I-10 West employs 60,000+ daily commuters at Shell, ConocoPhillips, BP, and related facilities; the Houston Ship Channel complex in Pasadena, Deer Park, Baytown, and La Porte is one of the most hazardous industrial zones in the US, with refinery fires, crane accidents, and chemical exposures as documented hazards. Workers injured at Ship Channel terminals may also have federal maritime claims under the Longshore and Harbor Workers' Compensation Act (LHWCA) in addition to Texas law.
The key Texas wrinkle: approximately 22% of Texas businesses opt out of workers' comp, including major Houston retailers like Walmart, Home Depot, Amazon, and Target. When a non-subscriber injures a worker, Texas Labor Code § 406.033 strips its biggest defenses: the employer cannot blame your own carelessness, a co-worker, or "assumption of the risk." That uncaps damages in ways the comp system never allows, but you must move fast to identify every responsible party and preserve scene evidence.
Where you're treated and where your case is filed both matter. Houston has two Level I adult trauma centers, Memorial Hermann–Texas Medical Center / Red Duke Trauma Institute (6411 Fannin St) and Ben Taub Hospital (Harris Health System, 1504 Taub Loop), both in the Texas Medical Center complex. The TMC is the largest medical complex in the world, handling over 10 million patient encounters a year. Houston-area cases are filed in Harris County's civil courts at 201 Caroline Street, Houston, TX 77002. Harris County is the most litigated personal injury venue in Texas, with 115,173 reportable crashes and 579 traffic deaths recorded in 2024 alone, more crashes than any other county in the state by a factor of two.
What we investigate in a Houston workers’ compensation case
- Harris County: among the highest construction-worker death tolls of any Texas county (BLS); construction is one of the state's deadliest industries
- Houston Ship Channel (Pasadena / Deer Park / Baytown / La Porte), refinery and crane accident zone
- ~22% of Texas businesses are WC non-subscribers, including major Houston retailers; § 406.033 strips key defenses
- LHWCA (federal maritime) may apply for Ship Channel terminal and vessel workers alongside Texas law
Common injuries we see in Houston
- Construction site falls
- Warehouse and forklift injuries
- Equipment malfunction injuries
- Repetitive stress / cumulative trauma
- Chemical exposure and burns
- Crush injuries
- Vehicle-related injuries on the job
- Workplace violence and assaults
Compensation we pursue
- Medical benefits (covered employer-approved care)
- Temporary income benefits (~70% wage replacement)
- Impairment income benefits (for permanent injury rating)
- Supplemental income benefits (long-term)
- Lifetime income benefits for catastrophic cases
- Death benefits for surviving family
- Plus (in nonsubscriber / third-party cases): pain and suffering, mental anguish, full lost wages
- Punitive damages for gross negligence
Frequently asked questions for Houston clients
Is workers' compensation mandatory in Houston?
No. Texas is the only U.S. state where private employers can legally opt out of the workers' compensation system. Employers who opt out are called "nonsubscribers" and can be sued directly by injured employees, often recovering far more than standard WC.
Can I sue my employer if I'm hurt at work in Houston?
If your employer is a nonsubscriber, yes. If they carry standard workers' comp, you generally cannot sue them directly, but a third-party claim against a contractor, equipment manufacturer, or property owner is allowed on top of WC benefits.
How do I know if my Houston employer is a subscriber or nonsubscriber?
Texas employers must post notice. We can also check the Texas Department of Insurance, Division of Workers' Compensation database. Don't assume, call us and we'll look it up before your free consultation.
My Houston employer opted out of workers' comp, do I have a stronger claim?
Often yes. Against a non-subscriber, you sue for negligence directly, and Texas Labor Code § 406.033 bars the employer from using contributory negligence, the fellow-servant rule, or assumption of risk as defenses. Your recovery isn't capped the way comp benefits are. We verify opt-out status through the Texas Department of Insurance at the outset, it changes the entire case strategy.
I was hurt at a Houston Ship Channel facility, do I have a maritime claim too?
Possibly. If you were a longshoreman, harbor worker, or vessel repairman, the federal Longshore and Harbor Workers' Compensation Act (LHWCA) may apply alongside Texas law. LHWCA benefits are separate from and often broader than state workers' comp, and the legal analysis differs significantly from a standard on-site injury claim.
Court venue for Houston cases
Personal injury cases arising in Houston are typically filed in Harris County (county seat: Houston), in the District Courts or County Courts at Law. We're familiar with the local procedures and carrier tendencies in this venue.
Getting from Houston to our Houston office
Our Galleria-area office is in the heart of Houston at 2401 Fountain View Dr, Suite 830, minutes from downtown, the Medical Center, and the 610 Loop.
Newman Injury Law
2401 Fountain View Dr, Suite 830
Houston, TX 77057
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