Texas Department of Insurance
The Division of Worker’s Compensation in the Texas Department of insurance has a Safety Violations Hotline, for employees to report unsafe conditions or safety violations. You can call 800-452-9595 to report your concerns or voice complaints, or email them.
Workers’ Compensation Claims
If your employer has workers’ compensation insurance, then you can file a claim seeking compensation for the losses you’ve had because of their injury. However, in Texas, employers are not required to carry worker’s compensation insurance. If your employer does not have workers’ comp, then you will need to pursue other options to hold your employer accountable.
Negligence Lawsuits
You can file a lawsuit against your employer on the basis of negligence, to seek compensation for your economic and non-economic damages. If your employer has workers’ compensation insurance, then you will be limited to filing a claim of gross negligence. If your employer does not have workers’ comp, then you can file a full negligence lawsuit.
OSHA Enforcement
Texas does not have a state-run OSHA program, so it comes under federal OSHA jurisdiction. OSHA enforces workplace safety standards via inspections, citations, and fines. Penalties can range from $5,000 to $70,000 per violation, depending on how severe the violation is. If you have been injured at your workplace, you can file a complaint with OSHA, and the complaint will trigger an investigation into the situation. This is especially important if you have been exposed to toxic substances or have been injured due to a hazard, like inadequate fall protection.
Criminal Penalties
If you file an OSHA complaint or a lawsuit based on severe violations of workplace safety, there is the possibility that it may lead to your employer facing criminal charges. This is especially the case in instances when an employer intentionally fails to follow OSHA regulations, and it results in a fatality. Criminal charges have the potential for jail time and fines as high as $250,000.
Hire a Personal Injury Attorney
If you have been injured at work, it’s wise to consult a lawyer as soon as possible for advice as to your best course of action. Your employer has a duty of care to all employees while they’re on the job, and it’s right to hold them legally accountable. An attorney can help you think through the options available, and identify the best ones for your situation. They can also help you protect yourself by making sure you know what your rights are, under the law. Learn more here.
If you have been injured at work, reach out to a lawyer as soon as possible.
