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Elsa RodríguezGoogle · ES
Workplace injury · McAllen, Texas
McAllen Workplace Injury Lawyer
Tu trabajo, tus derechos
Hurt on the job in McAllen or anywhere in the Valley? Your options depend on one question: does your employer carry workers' comp? Call us and we find out, then explain which path fits: comp benefits, a claim against an employer without coverage, or a claim against another company. We handle the paperwork and the insurers, in English or Spanish.
- Attorney Alex Martinez handles your case
- Hablamos español, 24/7 hotline
- 4.8 stars from 610 Google reviews
In the media
en los medios
“100% recommend fought for my case until the end, always kept good communication and answered my questions …”
Ile FarmsGoogle · EN
Hurt on the job
When to call a workplace injury lawyer
A workplace injury case decides who pays for an injury that happened while you were working. In Texas the answer starts with one fact: whether your employer carries workers' compensation insurance.
If it does, comp pays for medical care and part of your lost wages, whoever was at fault. If it does not, you can sue the employer for negligence. And when another company caused the harm, you may have a claim against that company too.
Texas law defines an employee as a person working for another under a contract of hire, written or spoken (Labor Code §401.012). The definition says nothing about immigration status. What you tell our lawyers is confidential.
Why Alex Martinez Law
Why injured workers call us
aquí para ayudarte
Alex Martinez Law handles injury and immigration cases for individuals and families throughout the Rio Grande Valley.
An attorney on your case.
Alex Martinez, licensed in Texas and admitted to the U.S. District Court for the Southern District of Texas, handles your claim.
Trial experience on the team.
Adrian Martinez, of counsel, brings more than 40 years of civil litigation, from Texas Legal Aid to senior trial work for an oil and gas company.
Your language, any hour.
Hablamos español. Call the 24/7 hotline or send a WhatsApp, and talk it through in English or Spanish.
Injury and immigration under one roof.
If your status worries you, the same firm handles immigration and can answer those questions too.
Contingency fee.
You pay no attorney’s fee unless we recover money for you. Case costs, such as filing fees and records, are explained in writing before you sign.
How we handle it
How our attorneys build a workplace injury case
Who works your case
Alex Martinez reviews your case first: who employed you, whether the employer carries workers' comp, how the injury happened and which other companies were on the site. Those answers decide which claims you have and which deadlines apply.
He works with Adrian Martinez, of counsel, and our bilingual staff, who gather records and keep you updated by phone or WhatsApp.
Evidence we gather
- Your employer's workers' comp status and the coverage notice it must post
- The employer's injury report and any report it filed with OSHA
- Photos, video and statements from co-workers
- Safety, training and equipment maintenance records
- Your medical records, bills and pay stubs
What to bring
- Pay stubs, a W-2 or anything that shows your wages
- Your employer's and your supervisor's names
- Any paper your employer or an insurer asked you to sign
- Photos of the injury and the place it happened
- Names and phone numbers of co-workers who saw it
Cases we handle
Workplace injury cases we take
Construction accidents
Falls, struck-by, trench and electrical injuries on job sites.
Oilfield injuries
Rigs, refineries, explosions and trucking to the fields.
Non-subscriber claims
Negligence suits against employers that chose not to carry workers' comp.
Workers' comp benefits
Medical and income benefits when your employer has coverage, and disputes with the carrier.
Third-party claims
Claims against a contractor, driver, property owner or equipment maker who caused the injury.
Deaths on the job
Claims for families who lost someone in a workplace accident.
Texas rules that decide a work injury claim
General information, not legal advice. Exceptions apply — ask us about your own dates.
30 days
to tell your employer about the injury. Missing it can cost you comp benefits.
1 year
to file your claim, DWC Form-041, with the Division of Workers' Compensation.
2 yrs
to file most injury lawsuits, against a non-subscriber or another company.
No blame
An employer without comp cannot defend by saying you were careless, took the risk or a co-worker caused it. You still prove its negligence.
Void
A waiver signed before the injury is void. One signed after needs 10 business days, a doctor's exam and conspicuous terms.
70%
Temporary income benefits are generally 70% of the weekly wages you lose, up to a state maximum.
51%
In a claim against another company, you can recover if you are 50% or less at fault.
What happens next
From your first call to a resolution
-
01First call
Free case review
Call, WhatsApp or use the form. We ask who employed you and whether they carry workers' comp.
-
02First weeks
Deadlines protected
We confirm your employer has notice and that your claim or lawsuit is filed on time.
-
03Weeks to months
Investigation
We collect reports, records and witness statements while they are fresh.
-
04While you treat
Treatment and claim
While you heal, we track your care and lost wages and deal with the insurers.
-
05Months or longer
Resolution
Comp disputes go through the state's dispute process. Lawsuits settle or go to trial.
Fees and consultation
How much does a workers' comp attorney cost?
You pay no attorney’s fee unless we recover money for you.
Case costs, such as filing fees and records, are explained in writing before you sign.
Your case review is free, and you pay no attorney's fee unless we recover money for you.
In a workers' comp claim the fee works differently: the state or a court must approve it, and it generally cannot exceed 25% of what you recover (Labor Code §408.221).
Your attorney
Alex Martinez
J.D., Thurgood Marshall School of Law. Licensed in Texas, admitted to the U.S. District Court for the Southern District of Texas. Works with Adrian Martinez, of counsel, a trial lawyer with more than 40 years in civil litigation.
Reviewed by Alex Martinez, State Bar of Texas
Questions
Workplace injury questions
Questions about fees, deadlines and the first steps for every kind of injury are on our personal injury services page.
What if my employer doesn't have workers' comp?
You may be able to sue your employer for negligence. Texas lets most private employers skip workers' comp, and an employer that does gives up key defenses: it cannot blame your own carelessness, say you accepted the risk or blame a co-worker. You still have to show the employer or its staff was negligent, and most of these suits must be filed within two years.
How long do I have to report a work injury in Texas?
Tell your employer or a supervisor within 30 days of the injury, in writing if you can. For workers' comp benefits, your claim form (DWC Form-041) must reach the Division of Workers' Compensation within one year. A lawsuit against a non-subscriber or another company usually has a two-year deadline.
Should I sign the papers my employer gave me after the injury?
Not before a lawyer reads them. Texas voids any waiver of your injury claim signed before you were hurt. A waiver signed after the injury counts only if you sign it at least 10 business days after the injury was reported, after a non-emergency doctor examines you, and in clear, conspicuous terms.
Can I be fired for filing a workers' comp claim?
Texas law forbids firing or punishing an employee for filing a workers' comp claim in good faith or for hiring a lawyer for it. A worker fired for that reason can seek damages and reinstatement, and has to prove why the employer acted.
Can I sue someone other than my employer?
Yes, when another company caused or added to the injury, such as a contractor, a driver, a property owner or the maker of a machine. You can pursue that claim and workers' comp at the same time. If you received comp benefits, the carrier is repaid from that recovery.
Injury help across South Texas
Offices in McAllen and Brownsville. Phone and video consultations anywhere in the Valley.
Hurt at work? Call El Gallo.
Phone, WhatsApp or the form. English or Spanish, day or night.