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Safety & On-the-Job Injuries

Disclaimer: The information presented in these pages is for educational purposes only, and does not constitute legal advice. Every case is different, and the correct legal answer always depends on the facts of the individual case. If you want a legal opinion about your own employment law problem, you should seek help from a licensed attorney.

This pamphlet explains what to do if you have to work in unsafe conditions or get hurt on the job in Texas. If you have additional questions or need legal advice about a workplace safety issue, contact the Employee Rights Project at Bexar County Legal Aid. NOTE: The information in this pamphlet does not apply to Federal employees. If you are a Federal employee, check with the safety office or personnel department of your employer for correct information about your rights.

Do I have the legal right to work in a safe workplace?

Almost all employees are protected by workplace health and safety regulations under laws enforced by the Occupational Health and Safety Administration (OSHA) and the Worker's Health and Safety Division of the Texas Worker's Compensation Commission (TWCC).

If you suffer a work-related injury or illness, Texas law also gives you either the right to get worker's compensation benefits or the right to sue your employer in court for damages you suffer due to your employer's negligence. If you belong to a union or work under a contract, you may have additional rights.

What should I do if I have to work in an unsafe situation?

There are at least six things you can do:

Find out what will make your job safer. OSHA and TWCC can often tell you about safer ways to do your work and let you know if your employer is breaking the law. Your employer must give you copies of any OSHA standards for your workplace if you ask for them.
Learn what to do if you get hurt. Following your employer's rules protects your rights if your employer fires you or tries to avoid responsibility after you get hurt. Look for this information on posters in your workplace, check in your employee handbook, and ask your boss for information.
Work with your employer to solve the problem. Your employer may fix a safety problem to avoid a visit from OSHA and TWCC. Even if your employer won't do anything, giving your employer a chance to fix the problem will help if you have to quit the job. Make the report in writing or in the presence of a trusted witness and follow your employer's policy for reporting safety problems. If your boss knows about the problem and won't do anything, make your report to a higher person in the chain of command. If other employees have to work with the same hazard, join together as a group to make a complaint.
Report the problem to the government. You can make confidential report to OSHA by calling OSHA's 24-hour hotline or by filing a written complaint. You can also report safety problems to the Worker's Health & Safety Division at TWCC. You can also ask the National Institute for Occupational Safety and Health (NIOSH) to do a "health hazard evaluation" of substances in your workplace that might make you sick.
Refuse to do the unsafe work If you are covered by OSHA and your working conditions create an imminent (immediate) danger of death or serious injury, you can refuse to work. This is a last resort. First report the unsafe situation to your boss. Be sure to tell your boss that you are not quitting and that you will work in a safer area or situation. If your boss refuses to do anything and insists that you do the work, refuse again and immediately call OSHA. (Try to get someone you trust to be a witness.)
Quit and find another job. If you cannot change a dangerous situation at work, consider quitting. You can get unemployment benefits while you look for another job if you can prove that you quit because of a dangerous condition after giving your employer a chance to fix the problem (see Unemployment Compensation). Although quitting may be hard, it is better than being killed or hurt so badly that you can't work.

What happens if I complain to OSHA?

If you report imminent danger of serious physical harm to employees, OSHA will do an inspection within 24 hours, without advance notice to the employer. Otherwise, if you make a signed complaint in writing while you still work for the employer, OSHA will do an investigation in a few days. (If an investigator does not come, call OSHA again.) If your complaint is anonymous or if you complain after you no longer work for the employer, OSHA may not send an investigator but will ask the employer for an explanation.

During an OSHA inspection, workers have the right to talk to the inspector (privately, if necessary) and to point out any problems. The inspector can issue a citation to your employer and require your employer to fix any violation on the spot or within a short time period. You have a right to know what your employer does to fix the problem and to see the documents your employer sends to OSHA in response to a citation. If the inspector finds no violations, you can ask OSHA to review the decision.

What if my employer discriminates against me for reporting an unsafe working condition or talking to OSHA?

The law prohibits your employer from discriminating against you for: (1) complaining to your employer, your union, OSHA, the Worker's Health & Safety Division of TWCC, or any other government agency about a safety problem; (2) participating in OSHA inspections or other OSHA activities; OR (3) refusing to work when faced with an imminent danger of death or serious injury. If you were part of a group who made a joint complaint, discrimination may also violate the National Labor Relations Act.

If you have been discriminated against, you must usually report the discrimination to OSHA within 30 days, to the TWCC within 90 days, and/or to the National Labor Relations Board within 180 days.

What should I do if I get hurt on the job or develop a work-related illness?

Immediately tell your employer about any work-related injury or illness and what caused it. You can make a verbal report at first, but as soon as possible within 30 days, you should also give your employer a written statement describing what happened and including your doctor's name. Even if you think the injury is minor, always report it since some injuries get worse with time. If you work for a temporary agency, always report to the agency and to the company where you are working.
Pick your own doctor and get treatment right away. In an emergency, you can go to any doctor or health care provider. Otherwise, if you are covered by worker's comp, you must go to a doctor approved by TWCC. You do not have to use a doctor recommended by your employer. Try to use a doctor you trust who has experience with worker's compensation. Once you visit an approved doctor, all care and referrals come from that doctor unless TWCC lets you change to a different doctor.
Always tell your doctor if you believe an injury or illness is work-related. Even if your doctor doesn't think the problem is work-related, ask your doctor to write in your medical records that you believe the problem is work-related.
Don't miss your deadline for filing a claim. If you're covered by worker's compensation, you have one year to file a TWCC-41 form with TWCC. If not, you have two years to file a claim in court.

What happens after I report my work-related injury or illness?

If your employer takes part in worker's compensation and you report a work-related illness or an injury that makes you miss at least one day of work, your employer should immediately give you written notice that the claim was reported to an insurance carrier. If you don't get the notice, file a TWCC-41 form with the TWCC. The insurance carrier may contact you by phone or in person for a recorded interview. You can make your own recording, as long as you tell the carrier that you are doing so. Be careful to give truthful and consistent information and tell the interviewer if you don't remember an answer or if you are guessing. If you don't understand a question, say so, and refuse to answer until it is explained to you.

If you are not covered by worker's compensation, your employer might offer to pay for your medical treatment and some of your lost income. If you accept any offer, be sure to get it in writing. If you are badly hurt, talk to a lawyer before signing any papers to accept compensation from your employer.

Usually, your employer must report the injury to OSHA and to the Worker's Health & Safety Division of TWCC. If your employer does not report the problem, you can make your own report. OSHA or TWCC may send someone to investigate your injury or illness.

What compensation can I get?

If your employer does not take part in worker's compensation, you may file a personal injury lawsuit against your employer to get compensation for your medical costs and other losses. You will probably need an attorney. To win, you have to show you were hurt because of your employer's negligence.

As long as you were not drunk, fighting, or engaged in horseplay when you got hurt, worker's compensation pays medical benefits, income benefits, burial expenses and death benefits for work-related injuries.

Income benefits are paid if you miss at least one week of work. At first, you get "temporary income benefits" (TIBs). When you have healed as much as possible from your injury (or when 102 weeks have passed) your doctor certifies that you have reached "maximum medical improvement" and gives you an "impairment rating." You then get three weeks of "impairment income benefits" (IIBs) for each percentage point of impairment. After your IIBs run out, if you are 15% or more impaired, you can get "supplemental income benefits" (SIBs) until 401 weeks have passed since your injury. To get SIBs, you must not be fully able to work, you must have been genuinely trying in the last 3 months to find work you could perform, and you must give the carrier a statement every 3 months verifying your job search. In rare cases involving serious injury such as blindness, amputation, paralysis, or severe head injury, you may get lifetime benefits after SIBs benefits end.

What happens if the insurance carrier tries to keep from paying me benefits?

If the insurance carrier denies your claim when you first report it, you have 20 days to ask for a "benefit review conference" (BRC) at the TWCC. After a BRC, both sides can agree to go to arbitration (which is usually final within a few months), or the losing side can ask for a contested hearing, after which either side has the right to appeal to a TWCC appeal panel and then to a state court (a process which can be drawn out over many months or even years).

Even if the carrier pays your claim at first, it can contest your benefits later in the process by asking for a BRC. You will need to go to each BRC and be prepared to go to arbitration or a contested hearing to protect your rights.

What can I do to improve my chances of getting compensation?

Save copies of all papers relating to your injury or illness. Get help from an ombudsman at TWCC. Cooperate when TWCC asks you to do something. Try to find witnesses to help you prove your injury or illness was work-related. Try your hardest in any impairment test (faking is easy to detect). Three months before your first quarter of SIBs benefits, begin making a genuine effort to find work and keep a record of where and when you have applied for work. If you are seriously hurt, apply for Social Security disability benefits as soon as possible.

What if my employer discriminates against me for reporting a work-related injury or filing a worker's compensation claim?

Contact OSHA (within 30 days), the Worker's Health & Safety Division of TWCC (within 90 days) and the Equal Employment Opportunity Commission (within 180 days) to see if they will accept your complaint. Also seek advice from a union representative, a legal services agency such as Legal Aid or Advocacy, Inc., or a private lawyer who can explain your rights.

Important addresses and phone numbers

Occupational Safety & Health Administration
525 Griffin Street, Room 602
Dallas, TX 75202
(214) 767-4731
OSHA Safety Hotline: (800) 321-OSHA (24-hour service)

National Institute for Occupational Safety & Health
(800) 356-0070

Texas Worker's Compensation Commission
9514 Console Drive, Suite 200, MS-305
San Antonio, TX 78229-2043
(210) 593-0070
(800) 252-7031 (information for workers)
TWCC Safety Hotline: (800) 452-9595 (bilingual 24-hour service)

National Labor Relations Board
615 East Houston Street, Room 565
San Antonio, Texas 78205-2040
(210) 229-6140

Equal Employment Opportunity Commission
5410 Fredericksburg Road
San Antonio, TX 78229
(210) 229-4810

San Antonio Bar Assoc.
Lawyer Referral Service
(210) 227-1853

Advocacy, Inc. (800) 315-3876 (v/TDD)

Bexar County Legal Aid Association
123 Ascot
San Antonio, TX 78224
(210) 922-5893

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This page was last updated on: 01/03/02