We are dedicated work injury attorneys serving El Paso and the surrounding area.
If you were injured on the job, your right to compensation can depend on decisions your employer made long before the accident. Medical bills arrive fast, and time away from work strains everything at once. The El Paso, TX work injury lawyer at Davie & Valdez, P.C. has represented injured workers across West Texas for decades, and we take on these cases for workers only. Whether your employer carries workers’ compensation or not, we can explain your options and pursue the recovery you are owed.
Work Injury Lawyer El Paso, TX
Texas stands apart from every other state in its approach to workplace injuries. Private employers may choose whether to carry workers’ compensation insurance, and that single decision determines the course of an injured worker’s claim. Some employees pursue no-fault benefits, while others have grounds for a lawsuit. Many cannot know which path applies to their situation until the underlying facts have been examined.
A work injury attorney looks at your employer’s coverage, the cause of the injury, and whether anyone besides your employer shares the blame. If your employer subscribes to workers’ comp, you may qualify for medical and income benefits without proving fault. If your employer opted out, or a negligent third party contributed to the harm, you may have a claim for the full range of your losses. That distinction is easy to miss and hard to sort out alone. Our firm has guided El Paso workers through both routes for years, and we know what each one demands.
Types of Work Injury Cases We Handle in El Paso
Work injuries range from a single traumatic event to damage that builds over months. The common work injuries we see in El Paso reflect the region’s industries, from construction and warehousing to oil and gas. These are the matters our work injury attorneys handle.
- Workplace brain injuries. A blow to the head from a fall or a falling object can cause lasting cognitive and physical harm. Symptoms sometimes appear days after the incident, which makes early documentation important. We work with medical providers to capture the full extent of the injury.
- Construction site accidents. Falls, struck-by incidents, and trench collapses put construction workers at serious risk every day. These cases often involve more than one responsible party. We investigate every entity that had a role on the site.
- Oil and gas field injuries. Extraction work exposes workers to explosions, equipment failures, and toxic chemicals. The injuries are frequently severe and life-changing. We pursue both benefits and third-party claims where they apply.
- Falls from heights. Scaffolding, ladders, and elevated platforms account for many of the most serious workplace injuries. Fall protection failures show up again and again. We examine whether required safety measures were in place.
- Burn injuries. Chemical, electrical, and thermal burns can require long recoveries and permanent care. These injuries carry high medical costs that stretch into the future. We build claims that account for that future treatment.
- Loading dock accidents. Forklifts, heavy freight, and constant lifting make docks and warehouses dangerous places to work. Crush injuries and back injuries are common results. We look closely at equipment, training, and site conditions.
- Machinery and equipment injuries. Unguarded machines and sudden malfunctions can cause amputations and crush injuries. Responsibility sometimes extends to a manufacturer. We identify every source of liability behind the harm.
- Repetitive stress injuries. Not every work injury comes from a single accident. Cumulative trauma from repeated motion can be just as disabling, and it can qualify for benefits like any other work-related condition.
El Paso, TX Work Injury Infographic
Why Choose Davie & Valdez, P.C. as Your Work Injury Lawyer in El Paso, TX?
Decades of Experience Representing Injured Workers
Roger Davie founded the firm and has practiced law since 1985. Licensed in Texas and New Mexico and admitted to the U.S. Court of Appeals for the Fifth Circuit, he has spent his career on the side of fired and injured workers. He holds a Preeminent rating from Martindale-Hubbell and has earned Super Lawyers recognition for more than a decade. Injured workers across West Texas have relied on that experience for years.
Trial-Ready Advocacy for El Paso Workers
John Valdez is an El Paso native and a member of the Texas Trial Lawyers Association. A graduate of Texas Tech Law with a background in accounting, he brings a close eye to the financial side of an injury claim, from lost wages to the cost of future care. He practices in English and Spanish, which matters in a border community where many workers would rather discuss their case in Spanish. Our attorneys have represented hundreds of injured workers, and we prepare every case as if it will go to trial.
What Is Important to Understand About Work Injury Cases?
How Work Injury and Workers’ Compensation Claims Work in Texas
The first question in any Texas work injury case is whether your employer carries workers’ compensation. If it does, you can generally receive medical care and a portion of your lost income through a no-fault system, without having to prove that anyone was at fault. In exchange, you usually cannot sue that employer directly. Employers that opt out, known as non-subscribers, give up important legal protections in return for that choice. Against a non-subscriber employer, an injured worker can file a negligence lawsuit, and the employer cannot fall back on defenses like blaming the worker or a co-worker. When a party other than your employer contributed to the injury, such as a subcontractor or an equipment maker, a third-party liability claim may be available on top of any benefits. Sorting out which path fits is where our attorneys begin, and we review your workers’ compensation claims under the rules the Division of Workers’ Compensation sets for the state.
Damages and Benefits Available in a Work Injury Case
What you can recover depends on the path your claim takes. In a workers’ compensation claim, benefits are set by the system and generally cover medical treatment and part of your lost wages, along with added benefits for a lasting impairment. In a negligence claim against a non-subscriber or a third party, the recovery our attorneys pursue can be broader. Those cases may allow compensation for:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Physical impairment and disfigurement
- The cost of long-term or future care
The value of any claim turns on the severity of the injury and how it affects your ability to work and live, which is why an early evaluation is worth the time.
Deadlines and the Statute of Limitations
Time limits matter in work injury cases, and more than one can apply at once. For a negligence lawsuit, such as a claim against a non-subscriber or a negligent third party, Texas generally sets a statute of limitations of two years from the date of the injury. Workers’ compensation claims follow a different schedule, with separate and shorter deadlines to report the injury to your employer and to file a claim with the state. Missing either kind of deadline can end a claim before it begins. Two related situations also deserve attention. If you were fired after reporting an injury, you may have a separate wrongful termination claim. If your employer punished you for filing, that can amount to workplace retaliation. Acting early keeps every option open and gives us time to gather what a strong claim needs.
What to Bring to Your Work Injury Consultation
Bringing the right information to a first meeting helps us evaluate your claim without delay. Helpful items include:
- The date, time, and details of how the injury happened
- The names of any witnesses and, if you have one, an incident report
- Medical records, bills, and the names of your treating doctors
- Records of your wages and any time you have missed
- Any written communication with your employer or its insurer
You do not need to have everything gathered before you call. During the meeting, we will walk through what your claim may involve, which deadlines apply to your situation, and how the process would move forward from there.
Important Texas Legal Resources for Work Injury Cases
A basic understanding of the agencies and rules involved can help you make sense of your situation. The resources below are useful starting points for injured workers in Texas.
- The Bureau of Labor Statistics tracks data on workplace injuries, illnesses, and fatalities across industries.
- OSHA sets federal workplace safety standards and takes reports of unsafe conditions.
- The Texas Department of Insurance oversees the state workers’ compensation system and explains injured-worker benefits.
- The Office of Injured Employee Counsel offers free help to workers with a Texas workers’ compensation dispute.
These sources describe general rights and procedures. They are not a substitute for advice about your specific claim, and listing them here is not an endorsement of any outside organization.
Reach Out to Davie & Valdez, P.C. to Discuss Your Work Injury Claim
If you were hurt on the job, our El Paso work injury attorneys are ready to review what happened and explain where you stand. We handle these claims on a contingency basis, so there is no attorney fee unless we recover for you. When you reach out, we will listen, answer your questions, and lay out the next steps in plain terms. Contact us to schedule a consultation with our firm.