Work Injuries

Houston runs on physical labor. Oil rigs, refineries, chemical plants, construction sites, warehouses, shipyards, pipelines. The energy capital of the world is also one of the most dangerous places in the country to earn a living. When you get hurt on the job, the system is not designed to protect you. It is designed to protect your employer. You need someone who knows how to fight that system.

I am Michelle Acosta, and I handle work injury cases personally. I do not pass your file to a case manager or a junior associate. I review your medical records, investigate the conditions that caused your injury, and build your case for maximum recovery — whether that means a workers' compensation claim, a personal injury lawsuit, or both.

Texas Is Different: The Non-Subscriber System

Texas is the only state in the country where employers can legally opt out of workers' compensation insurance. Approximately 25% of Texas employers — including some of the largest corporations operating in Houston — choose not to carry workers' comp. They are called non-subscribers.

This creates two very different paths for injured workers:

If your employer carries workers' compensation: You file a claim through the Texas Department of Insurance, Division of Workers' Compensation (DWC). You receive Temporary Income Benefits (TIBs) at 70% of your average weekly wage, subject to the state maximum. Your medical bills are covered. But the trade-off is significant: in exchange for those benefits, you generally cannot sue your employer, even if their negligence caused your injury. Workers' comp benefits do not include pain and suffering, mental anguish, or full lost earning capacity. You get a fraction of what a personal injury case would be worth.

If your employer is a non-subscriber: You can file a personal injury lawsuit against your employer. And here is the critical difference — a non-subscribing employer cannot use contributory negligence as a defense. If they were negligent at all, they are liable. Period. That means non-subscriber cases often result in significantly higher recoveries than workers' comp claims because you can pursue the full range of damages: all medical expenses, full lost wages, lost earning capacity, pain and suffering, mental anguish, and in some cases, punitive damages.

Many injured workers do not know whether their employer subscribes to workers' comp. That is one of the first things I determine when I evaluate a work injury case, because it fundamentally changes the legal strategy.

Third-Party Claims: Your Other Path to Full Recovery

Even if your employer carries workers' comp, you may have a separate personal injury claim against a third party whose negligence contributed to your injury. This is common in Houston's industrial sectors:

• A subcontractor on a construction site whose carelessness caused a scaffold collapse
• A equipment manufacturer whose defective machine malfunctioned
• A property owner who failed to maintain safe conditions
• A trucking company whose driver caused a crash while you were working
• A chemical supplier that provided inadequate safety data

Third-party claims are not subject to the limitations of workers' comp. You can recover full damages — including pain and suffering — from the negligent third party, even while receiving workers' comp benefits from your employer. I look for these claims in every work injury case because they often represent the largest source of recovery for my clients.

OSHA Violations as Evidence

The Occupational Safety and Health Administration (OSHA) sets minimum safety standards for American workplaces. When an employer violates OSHA regulations and a worker gets hurt as a result, that violation is powerful evidence of negligence. It does not automatically prove the case, but it shifts the analysis heavily in the injured worker's favor.

Common OSHA violations I see in Houston work injury cases include:

• Fall protection failures — missing guardrails, inadequate scaffolding, no personal fall arrest systems
• Lockout/tagout violations — machines not properly de-energized during maintenance
• Confined space entry without proper atmospheric testing or rescue procedures
• Inadequate personal protective equipment (PPE)
• Failure to train workers on hazardous chemical exposure (HAZCOM violations)
• Electrical safety violations

I request OSHA inspection reports and citation history as part of my investigation in every work injury case. A pattern of prior violations can establish that the employer knew about dangerous conditions and failed to fix them — which can support a claim for punitive damages.

Houston's Most Dangerous Industries

Houston's economy depends on industries where serious injuries happen every day:

Oil and gas. Rig workers, roughnecks, derrick hands, and pump operators face crush injuries, falls, explosions, chemical exposure, and equipment failures. The pressure to keep production moving means safety shortcuts are common.

Construction. Houston's construction boom means more workers at height, more heavy machinery in operation, and more pressure to cut corners on safety. Falls, struck-by injuries, electrocutions, and trench collapses are the leading causes of construction fatalities.

Petrochemical and refining. The Houston Ship Channel is lined with refineries and chemical plants where workers face toxic exposure, explosions, and industrial accidents. These facilities handle materials that can cause severe burns, respiratory damage, and cancer with prolonged exposure.

Warehousing and logistics. Houston's position as a distribution hub means large-scale warehouse operations where forklift accidents, falling merchandise, repetitive stress injuries, and loading dock incidents are frequent.

Healthcare. Texas Medical Center is the largest medical complex in the world. Healthcare workers face needle sticks, patient assaults, lifting injuries, slip and fall hazards, and exposure to infectious diseases.

What Your Case Is Worth

The value of a work injury case depends on the severity of your injuries, the circumstances of the accident, and which legal path applies. But here is what I can tell you: a workers' comp claim will almost always pay you less than what your case is actually worth. If there is a path to a personal injury lawsuit — through a non-subscriber claim or a third-party claim — I will find it.

Damages in a work injury personal injury case include:

• All past and future medical expenses
• Full lost wages — not the 70% cap in workers' comp
• Lost earning capacity if you cannot return to your previous occupation
• Pain and suffering — physical and mental
• Mental anguish, depression, and PTSD
• Disfigurement and scarring
• Loss of enjoyment of life
• Punitive damages in cases of gross negligence or intentional disregard for safety

Why Michelle Acosta Law

Before I became a trial lawyer, I served as General Counsel overseeing 1,800 employees across 15 states. I understand employment law, corporate liability structures, and the internal operations of large companies from the inside. When I am building a work injury case against an employer or a third-party contractor, I know exactly where to look for evidence of negligence, and I know how they will try to hide it.

What to Do After a Workplace Injury

The steps you take immediately after a work injury matter. Here is what I advise:

Report the injury to your employer immediately. Texas law requires you to report a workplace injury to your employer within 30 days. Failure to report can jeopardize your claim. Do it in writing if possible — email or text — so there is a record.

Get medical treatment right away. Do not let your employer tell you to "walk it off" or "wait and see." Go to a doctor. If it is an emergency, go to the ER. Document every symptom, every complaint, and every limitation. If your employer has workers' comp, you may need to see a doctor from their approved network initially, but you have the right to change treating physicians.

Document the scene. Photograph the area where you were injured, the equipment involved, and any conditions that contributed to the accident. If there were witnesses, get their names and contact information. If there are surveillance cameras, note their locations. This evidence tends to disappear quickly — employers "fix" the hazard, footage gets overwritten, witnesses forget or leave the company.

Do not sign anything from your employer or their insurance company without talking to an attorney. Employers and their insurers will move fast to get you to sign medical authorizations, recorded statements, and settlement releases. These documents are designed to limit your recovery, not protect your rights.

Call an attorney before you file a workers' comp claim. I know that sounds counterintuitive, but the choice between workers' comp and a personal injury lawsuit — or pursuing both simultaneously through a third-party claim — is a strategic decision that affects your total recovery. If you file the wrong way without understanding your options, you may leave significant money on the table. A conversation with me costs you nothing and can change the trajectory of your case.

I am a Gerry Spence Method trained trial lawyer. I won a $56 million verdict in Harris County. I was recognized as a Super Lawyers Rising Star and selected for the National Trial Lawyers Top 100 in Civil Litigation. I speak Spanish fluently and serve Houston's workforce directly, without barriers.

If you have been hurt on the job, call me at (713) 933-3300 or request a free consultation. There is no fee unless we win.