El Paso is a working city. From the construction cranes rising along the Eastside to the warehouses lining Montana Avenue, from the civilian contractors supporting Fort Bliss to the manufacturing plants near the border, thousands of El Paso workers face physical hazards every day. When a workplace accident happens, most people assume workers' compensation is their only option. In many cases, it is not.
Texas is unique among all 50 states because it does not require private employers to carry workers' compensation insurance. This means many El Paso workers are one accident away from discovering that their employer has no safety net in place. Understanding your options after a workplace injury can mean the difference between struggling with medical bills and securing the full compensation you deserve.
Texas Workers' Compensation: The Basics
Workers' compensation in Texas works differently than in any other state. The key facts every El Paso worker needs to know:
Workers' comp is optional. Texas is the only state where private employers can legally choose not to carry workers' compensation insurance. Employers who opt out are called "non-subscribers." According to the Texas Department of Insurance, a significant percentage of Texas employers are non-subscribers, and many of them are in industries with the highest injury rates.
If your employer has workers' comp, you can file a claim for medical expenses and a portion of your lost wages. However, workers' comp does not cover pain and suffering, and the wage replacement is typically only about two-thirds of your average weekly wage, subject to a state-imposed cap.
If your employer is a non-subscriber, you are not limited to workers' comp benefits. You can file a personal injury lawsuit against your employer. Non-subscriber employers lose important legal defenses, including:
- They cannot argue that your own negligence caused the injury (contributory negligence)
- They cannot blame a coworker for the accident (fellow servant doctrine)
- They cannot argue you assumed the risk by doing the job (assumption of risk)
This dramatically changes the landscape in your favor. A personal injury lawsuit against a non-subscriber can recover full compensation including medical bills, lost wages, future earning capacity, pain and suffering, and mental anguish.
Third-Party Liability: Suing Someone Other Than Your Employer
Even if your employer carries workers' comp, you may still have a lawsuit against a third party whose negligence contributed to your injury. Third-party claims are separate from workers' compensation and can be pursued at the same time. Common third-party defendants in workplace injury cases include:
Equipment manufacturers. If a defective forklift, scaffold, power tool, or machine malfunctioned and caused your injury, the manufacturer may be liable under product liability law. This applies whether the defect was in the design, manufacturing, or the failure to provide adequate warnings.
Subcontractors. On construction sites, multiple companies work alongside each other. If a subcontractor's negligence created the hazard that injured you, whether through shoddy work, failure to follow safety protocols, or inadequate training, they can be held responsible.
Property owners. If you were injured on someone else's property due to unsafe conditions like a slip and fall hazard, the property owner may be liable. This is common for delivery drivers, maintenance workers, and anyone whose job takes them to locations they do not control.
Vehicle drivers. If you were injured in a car accident or truck accident while performing work duties, you can pursue a claim against the at-fault driver in addition to any workers' comp benefits.
Common Workplace Accidents in El Paso
El Paso's economy creates specific workplace hazards. These are the industries and injuries we see most frequently:
Construction
El Paso's growth has fueled a construction boom, from residential developments in the Upper Valley and Far East to commercial projects Downtown. Construction workers face falls from scaffolding and roofs, struck-by injuries from falling materials, electrocution from live wires, and caught-between injuries from heavy machinery. OSHA's "Fatal Four" categories account for the majority of construction deaths nationwide.
Warehouse and Distribution
The logistics industry along I-10 and in the Lower Valley employs thousands. Forklift accidents, falling merchandise, repetitive motion injuries from lifting, and being struck by moving vehicles are the leading hazards. Pressure to meet production quotas often leads to shortcuts on safety protocols.
Manufacturing
Plants along Montana Avenue and the border corridor involve heavy machinery, chemical exposure, extreme temperatures, and repetitive assembly work. Equipment without proper guards, inadequate ventilation, and insufficient training are frequent contributing factors to injuries.
Fort Bliss and Military Support
Fort Bliss is one of the largest military installations in the country, and it employs thousands of civilian contractors. These workers face hazards ranging from vehicle accidents on base to equipment malfunctions, heat exposure during outdoor work in the desert climate, and injuries during training support operations.
What to Do After a Workplace Injury in El Paso
The steps you take immediately after a workplace injury can significantly impact your ability to recover compensation:
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Report the injury to your employer immediately. Texas law requires you to notify your employer within 30 days, but do it the same day if possible. Report it in writing and keep a copy. If your employer tries to discourage you from reporting, that is a red flag.
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Seek medical attention right away. Go to the emergency room or an urgent care clinic. Tell the doctor exactly how the injury happened and that it occurred at work. This creates a medical record connecting your injury to your employment.
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Document everything. Take photos of the accident scene, the equipment involved, and any unsafe conditions. Write down the names of witnesses. Save any incident reports your employer creates.
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Do not sign anything from your employer without legal advice. Some non-subscriber employers will pressure injured workers to sign releases, accept minimal settlements, or provide recorded statements. Do not agree to any of this without speaking to an attorney first.
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Contact an experienced workplace injury attorney. Whether your employer has workers' comp or not, an attorney can evaluate whether you have a third-party claim, a non-subscriber lawsuit, or both. The consultation costs nothing, and the information could be worth thousands.
When a Personal Injury Lawsuit Makes Sense
Workers' compensation provides basic coverage, but it has significant limitations. A personal injury lawsuit may be the better path when:
- Your employer is a non-subscriber and you can pursue full damages
- A third party's negligence contributed to your injury
- Your injuries are severe enough that workers' comp benefits will not cover your actual losses
- You suffered permanent disability that affects your future earning capacity
- You want to recover pain and suffering, which workers' comp does not provide
Under Texas law, you have two years from the date of your injury to file a personal injury lawsuit. For workers' comp claims, you must report within 30 days and file within one year. Missing these deadlines can permanently eliminate your right to compensation.
Texas also follows a modified comparative fault rule. You can recover damages as long as you are less than 51 percent responsible for the accident. Your compensation is reduced by your percentage of fault, but you are not barred from recovery unless you are majority at fault.
Injured on the Job in El Paso? We Fight for Workers
Workplace injuries can change your life in an instant. Medical bills pile up while you cannot work. Your employer or their insurance company may be offering you far less than your claim is worth. You need someone in your corner who understands both workers' compensation and personal injury law.
Lovett & Murray has spent more than 30 years representing injured workers across El Paso, West Texas, and Southern New Mexico. We have handled cases involving construction falls, industrial equipment failures, warehouse accidents, and vehicle collisions on the job. We know the tactics employers and insurance companies use, and we know how to fight back.
We work on a contingency fee basis. You pay nothing unless we recover compensation for you.
Contact Lovett & Murray today for a free consultation. Call 915-757-9999 or reach out online. Our bilingual team will evaluate your case, explain your options, and help you understand whether a workers' comp claim, a personal injury lawsuit, or both is the right path forward.