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Carreras Law Firm
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Practice area · McAllen, TX

Work injury lawyer in McAllen

If you were injured at work in McAllen, your rights depend on something key: whether or not your employer has workers' compensation insurance. In Texas, many do not, and that opens up options for you.

The context in the Valley
Texas
is the only state where most employers are not required to carry workers' compensation insurance. That completely changes your options if you are injured at work.
Local context: In McAllen, Expressway 83 (I-2/US-83) and the crossings toward the McAllen-Hidalgo-Reynosa and Anzalduas bridges carry much of the city's traffic.
The first thing you should know

In Texas, workers' compensation is not mandatory for most employers. If yours does not have it (a "non-subscriber" employer) and you were injured due to their negligence, you can sue them directly, and they lose important legal defenses that would normally protect them.

Why Texas is different from every other state

Texas is the only state in the country where most employers are not required by law to carry workers' compensation insurance. Some have it (called "subscribers") and others do not ("non-subscribers").

This difference changes everything: it defines whether you claim through an insurance system, or whether you can sue your employer directly. Knowing which of the two cases you are in is the first step.

Employer with insurance vs without

Your rights change completely depending on the case:

  • With insurance ("subscriber"): you claim through the workers' comp system, regardless of who was at fault, but with limits on what you receive.
  • Without insurance ("non-subscriber"): you can sue the employer directly for their negligence.
  • The big difference: an employer without insurance loses three key legal defenses that normally protect them.

If your employer has no insurance (non-subscriber)

This is where many workers have more rights than they think. When an employer chooses not to carry workers' comp and a worker is injured due to the employer's negligence, Texas law strips the employer of important defenses.

This can mean greater compensation than a normal workers' comp claim. But it requires proving the employer's negligence, and that is where having someone on your side makes the difference.

What to do if you are injured at work

What you do after the injury protects your rights:

  • Report the injury to your employer and ask that it be put in writing.
  • Seek medical care immediately.
  • Keep everything: reports, bills, witness names.
  • Ask (or find out) whether your employer has workers' comp insurance.
  • Do not sign employer documents without understanding them.

How Carreras Law Firm helps

We find out whether your employer has workers' comp insurance or not, something that defines your whole strategy. If they are a "non-subscriber," we build the case to sue them directly and take advantage of the defenses they lose.

We handle your case in Spanish and charge nothing unless we win. The consultation is free and with no obligation.

Legal Disclaimer

This page is provided by Carreras Law Firm, PLLC for general informational and educational purposes only. It is not legal advice and is not a substitute for advice from a licensed attorney about your specific situation. Every case is different, and the law changes over time. Reading this page, or contacting our firm through this website, does not create an attorney-client relationship. Please do not send confidential information until an attorney-client relationship has been established in writing. Nothing on this page guarantees any particular result. If you have been injured in Texas, contact Carreras Law Firm, PLLC for a free consultation with an attorney. Attorney Markin Carreras is licensed to practice law in Texas. Principal office in Houston, Texas.

Find out if your employer has insurance
The most important fact in your case is whether your employer is a "subscriber" or "non-subscriber." It is not always obvious, and it completely changes your options. We can find out.
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Were you injured at work in McAllen? Tell us what happened.

Tell us what happened

A lawyer on our team reviews your case, in Spanish, and tells you honestly what options you have. Free and with no obligation.

Free consultation · No fee unless we win
McAllen Office
1200 Auburn Ave, Ste. 490
McAllen, TX 78504
(346) 680-2695
Houston Office
440 Louisiana St., Suite 972
Houston, TX 77002
(346) 680-2695