Hurt on the Job in an Auto Shop? What Texas Mechanics and Auto Workers Need to Know

There are all sorts of reasons a Texas auto worker might be hesitant to report a work injury. For starters, no one wants to look “soft” on the job. Or maybe there’s a sign in the breakroom that reads “47 Days Since Last Injury,” and you don’t want to be the guy who resets it to zero. That makes sense.

But work injuries do happen, and when they do, doing nothing or doing the wrong thing can cost you years of your health and your paycheck.

And here is something the shop is almost certainly not going to tell you. In Texas, employers have the right to opt out of the state’s subscribed workers’ compensation system. When an employer makes that choice, they are called, naturally, a “non-subscriber.” Working for a non-subscriber employer is a whole other deal, in some ways good, in other ways not.

So you need to know your rights.

Whether you are a mechanic, body shop tech, the tire and lube guy, or a floor worker at an auto parts manufacturer, read on; this page is a good starting point. In addition, it’s also smart to speak with an attorney soon. Doing so will give you a solid foundation as to your rights, the process, and the best way to proceed.

What Should You Do Right After You Get Hurt at the Shop?

Here are the five steps to take after a work injury that will protect your health and your case. None of them require a lawyer. All of them matter.

1. Report the injury in writing the same day. This is vital because it begins a paper trail of evidence. Email, a text, or a signed incident form is fine. The important thing is that you want some documentation with a timestamp that exists outside the shop’s memory. Later on, saying “I told my service manager” will not hold up but a text message will.
2. See your own doctor, not just the company’s clinic. The shop’s medical clinic works for the employer. You have the right to see your own physician, and you should. What your own doctor writes in your chart will carry serious weight in any settlement discussion or trial down the road.
3. Retain your paystubs. Find and store every one that you have access to, going back at least a year. Lost wages are calculated against your real earning history, and that includes overtime, commissions, tips, and bonuses.
4. Photograph everything. To the extent possible, you should document everything related to the incident: The lift that failed, the spill that was not marked, the collapsed shelving; you get the idea. And act quick; if possible, take pictures before the shop cleans up the area because that cleanup happens fast. Of course it is understandable that taking pictures may not be your priority right now. In that case, ask a co-worker to take some for you.
5. Do not sign anything. The company will have its own insurance adjuster or some other representative looking out for it. Part of their job may be to get you to sign documents that are likely not in your best interest. They are looking out for the company, not you. So beware of signing anything called a “waiver,” “release,” “acknowledgment,” or “benefit plan election.” See the box below.

A Quick Word About the Papers They Hand You

Some non-subscriber employers run an internal “occupational injury benefit plan” and ask hurt workers to sign onto it within hours of an incident. That paperwork can include an arbitration clause, a waiver of the right to a jury trial, and a release of claims tied to a small one-time payment. It is rarely in your interest to sign without a lawyer reading it first. If the shop is in a hurry to get your signature on something, that is the moment to slow the entire process down.

What If My Employer Is a Non-Subscriber?

Texas is the only state in the country that lets private employers opt out of workers’ compensation and the auto industry leans into the opt-out hard. Common non-subscribers include:

• Independent shops
• Dealership groups
• Tire chains
• National parts retailers
• Body shops
• Detailing companies, and
• Auto parts manufacturers

Here’s why the distinction is important: Workers’ comp, in the states that have it, is a trade-off. The injured worker gets fast medical care without proving the boss did anything wrong. That is what worker’s comp insurance does. In exchange, the worker gives up the right to sue that employer. But here in Texas, when a Texas employer opts out, they lose that immunity and you retain the right to sue. The payoff for them is that they do not have to buy worker’s comp insurance for their employees.

Section 406.033 of the Texas Labor Code goes a step further. It strips a non-subscriber employer of three classic legal defenses they would otherwise throw at you in court:

1. Contributory negligence. They cannot argue that you were partly at fault and therefore should get nothing. Even if you were partly at fault, that does not reduce what you can recover. In a regular Texas negligence case it would. Here it does not.
2. Assumption of risk. They cannot argue that you knew the job was dangerous when you took it.
3. Fellow servant doctrine. They cannot argue that the injury was a coworker’s fault rather than the boss’s. (Hence the name “fellow servant,” a leftover from 19th-century common law that Texas turned off for non-subscribers a long time ago.)

All you have to prove is that the employer was negligent in some way that contributed to your injury. If that test is met, you can seek compensation.

What Kinds of Injuries Lead to a Case?

Don’t write your injury off as too small or too obscure to matter. There are all sorts of auto-work related injuries that can lead to a legitimate case. For example,

The mechanic who walked it off: Say that a guy pulling a transmission feels something go in his lower back one day at work. He shakes it off, takes some Advil, and finishes the day. But then a year later, his back still isn’t right and he is looking at a lumbar fusion he cannot afford. If the shop’s transmission jack had not worked right in months and the boss knew, that is a case.

The body shop tech with the cough: Or consider the tech who spent years spraying primers and hardeners in a booth where the ventilation never quite worked. Maybe the shop kept handing out cheap paper masks instead of distributing proper respirators and now he is short of breath walking up his own driveway. That is a case.

The parts store stocker with the bum shoulder: She spent two years lifting boxes off a top shelf without a step ladder because none was ever provided and her rotator cuff finally tore. That too is a case.

The lot porter who hit the ice: Or take the porter on a January morning, dealership lot, and the salt truck never came. He slips moving a customer’s car and lands on the back of his head. The shop tells him to go home and shake it off but three months of headaches and missed shifts later, the dealership says it is not their problem. If the lot was iced over and the dealer knew, it is. That is a case.

If any of those sound like your story, even a little, there is a conversation worth having with a mechanic work injury lawyer.

What Can You Recover If Your Employer Was Negligent?

Because non-subscriber employers lose their immunity in the trade-off, the damages available to a hurt auto worker are potentially larger than what workers’ comp typically pays. If your case succeeds, you may be entitled to:

1. Full lost wages: Not the partial fraction workers’ comp would cover.
2. All current and future medical expenses: Including treatments you will need years from now.
3. Pain and suffering: Which workers’ comp does not pay at all.
4. Diminished earning capacity: If the injury keeps you from doing the work you trained for.
5. Exemplary damages: In cases of gross negligence, these are “punitive damages” awarded by a jury to send a message.

The ceiling on what you can recover in a non-subscriber case is much higher than most auto workers ever realize.

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What our clients are saying about us

Kirby C.

Google Review

I cannot recommend Kelly Viktorin at Armstrong Lee & Baker highly enough. After being injured at work, I was incredibly discouraged as many attorneys wouldn’t take my case due to the complexities involved. From our very first consultation, Kelly and her team jumped right in, demonstrating a level of dedication and expertise that immediately put me at ease. Throughout the entire process, their communication was outstanding. I was consistently kept informed of any updates and felt like a priority. Kelly truly went above and beyond to fight for me, and I am so grateful for her hard work and commitment. If you’re facing a challenging work injury case, especially with a Texas non-subscriber, don’t hesitate to reach out to Kelly Viktorin. You’ll be in excellent hands.

Toby B.

Google Review

When I got injured my company didn’t have workers comp. They had something called non subscriber insurance. I tried a dozen or more lawyers and no one would take my case. I lost my house in Texas so right as I was moving back to where I was from, Florida, I called Armstrong Lee & Bkaer. They said they could take my case. Shortly after I meet Adam Grable.
Adam took the case and unraveled it like a champ. It was a difficult case and that’s why other lawyers didn’t take. Over the next year, Adam because a friend and a member of the family. I found him brilliant and personable and when needed he found for me. In the end, we took a settlement even though Adam told me he had a good shot at trial. He understood i wanted this behind me! If you ever find yourself needed a lawyer trust me Adam Grable will be on your side!

Majah W.

Google Review

I had been injured at work, and the attorneys at Armstrong Lee & Baker fought for what I was owed. I’m graciously appreciative for their attentiveness and swiftness with handling my case. Shout out to Lindsey W.

Toby B.

Google Review

When I got injured my company didn’t have workers comp. They had something called non subscriber insurance.
I tried a dozen or more lawyers and no one would take my case.
I lost my house in Texas so right as I was moving back to where I was from, Florida, o call Armstrong and Lee. They said they could take my case. Shortly after I meet Adam Grable.
Adam took the case and unraveled it like a champ. It was a difficult case and that’s why other lawyers didn’t take.
Over the next year, Adam because a friend and a member of the family.
I found him brilliant and personable and when needed he found for me.
In the end, we took a settlement even though Adam told me he had a good shot at trial. He understood i wanted this behind me!
If you ever find yourself needed a lawyer trust me Adam Grable will be on your side!

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Don’t Be Hesitant to Report Your Injury

Yes, reporting an injury can feel like admitting you cannot handle the work, and yes, it might reset the days counter on the breakroom wall. It can even feel disloyal to a boss who has been good to you.

But you have to report your injury anyway.

Here is what nobody at the shop will tell you: The injury you swallow today is the injury you pay for in three years. The popped disc you walked off becomes the back surgery you cannot afford. The chemical exposure you ignored becomes the cough that will not go away. And by the time you finally see a real doctor, the legal options you never knew you had may have run out.

So go report it.

Your long-term health, both physical and financial, depends largely on what you do in the first few days after the injury. Reporting protects your body and your paycheck. Silence protects nothing.

Understand this too: While you might be nervous that filing a suit could become a public record that might follow you to a new job, that is rarely the case. For one, such suits can only be found if a potential employer does a very specific sort of civil records search (which most do not.) The standard criminal background check does not cover this. In addition, should your case become known to a potential new employer, it should not be an issue. They know that injuries occur in their industry. Your suit would not be the first one they have seen and certainly is not a reason for them not to hire you.

Given that, a fear of not getting hired again should not be a reason to ignore your injury.

How Do You Know If You Have a Case?

You probably have a case worth talking to a lawyer about if all three of the following are true:

• You were hurt on the job, in the course of your work duties.
• Your employer is a non-subscriber to Texas workers’ compensation.
• Some form of employer negligence played a role in your injury, such as deferred maintenance, lack of training, missing safety equipment, or an unsafe production pace.

You usually cannot tell whether your case meets these tests until a mechanic work injury lawyer reviews the facts with you. That is the entire purpose of a free consultation.

When You’re Ready to Talk to Someone

Some auto workers wait longer than they should before making that first call. None of them regret making it. At Armstrong Lee & Baker LLP, we do not charge for the conversation. In fact, we do not charge anything unless we recover money for you. We’re here when you’re ready.

C.J. Baker

C.J. Baker represents victims with serious injuries and he won’t let any corporation or insurance company stop his clients from getting complete justice. He has won millions of dollars for victims of 18-wheeler crashes, oilfield equipment failures, offshore platform explosions, and defective medical devices. Our lawyers have 25+ years of combined experience.

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