Man calling for help for another man who's been injured on a railroad track

West Texas Workplace Injury Lawyer

Getting hurt at work can disrupt your life. Not only are you forced to take time to recover, your employer may not provide worker’s compensation benefits. Getting compensation for your injuries in the workplace caused by someone else’s negligence can be daunting if you try seeking them alone. You should call the experienced workplace injury lawyers at the Kemmy Law Firm.

In the last few years, West Texans have been hurt or killed while on the job. While transportation incidents caused most fatal accidents, a significant number happened because of slips, trips, or contact with objects, according to the National Safety Council. If your workplace injury occurred because of someone else’s inappropriate or reckless behavior, you could be entitled to compensation for your injuries.

Schedule a free consultation to discuss your West Texas workplace accident.

Our firm has decades of combined experience representing hardworking Texans like you. We’ve helped them recover millions in settlements and jury verdicts over the years in all kinds of injured employee cases. We can guide you through your workers’ compensation rights and advise you of your right to sue the liable parties for the harm they caused you.

Kemmy Law Firm understands how disruptive and harmful workplace accidents are. We also know that large insurance companies and other business will deny their responsibility and fight against claims. We are ready to seek compensation for your damages aggressively. We offer free consultations without up-front charges or fees. You don’t owe us anything unless we win your case.

Should You Hire a Work Place Injury Lawyer?

Workplace accidents can cause a variety of injuries. Some don’t require a lengthy recovery period, and you can return to work quickly. However, in extreme circumstances, you may not be able to return to work for a long time, or ever, depending on the severity of your injuries. You may not be able to go back to your old job.

An experienced workplace lawyer can help determine if you need to pursue a lawsuit or claim workers’ compensation benefits. It’s critical to talk to an attorney as quickly as possible, especially if you’re not sure if your employer provides workers’ compensation benefits. Texas has a two-year statute of limitations for personal injury claims. You don’t want to lose your chance at much-needed compensation because you took too long to act.

Hire a Workers’ Comp Attorney

Workers’ compensation is a private insurance system. It covers medical expenses and some of your lost wages after a work injury. Coverage isn’t fault-based. You can pursue a workers’ comp claim based solely on your injuries or any conditions you developed from work-related duties. Your West Texas employer may not carry workers’ compensation insurance. Some larger companies carry workers’ comp to limit liability in the case of accidents.

If your employer carries workers’ comp and you’re injured at work, you may be able to pursue a claim. An attorney can help you pursue maximum compensation.

Third-Party Liability Lawyers Can Help

You may be able to file a third-party liability lawsuit against the person or company responsible for your workplace injuries. This may be your best recourse if your employer is a nonsubscriber. If you cannot pursue a workers’ compensation benefits claim, you should find a skilled workplace injury lawyer to help you with a third-party liability lawsuit.

With Kemmy Law Firm, you can rest assured we will thoroughly investigate your workplace accident. We’ll preserve evidence and communicate with your employer or any insurance provider involved. Even if your employer doesn’t have workers’ compensation, they might have a liability insurance policy.

You might receive a settlement offer after the accident if you’ve been injured at work. This offer, usually from your employer or their insurer, might come within a few weeks of the accident. We advise you to think carefully about accepting the offer. Talk to an attorney before you agree to take the settlement. Quick settlements usually indicate the company understands you might have a case worth more money, and they’re trying to limit your payout.

Working with a lawyer is a great way to avoid accepting a lowball settlement offer. Accepting payment usually involves signing an agreement that lets your employer off the hook for any more payments. Hiring an experienced workplace accident lawyer after a West Texas injury shows you mean business and want adequate compensation.

Discover Who We Are
video play button

What Kemmy Law Can Do For You

We are a family of trial lawyers with over 50 years of experience. We treat each person who walks through our doors as an extension of our family. We will treat you with kindness, compassion, and respect the entire time you work with us. We’ll give you our honest advice and provide you with the support you need while we pursue compensation for your injuries.

We take workplace accidents and injuries very seriously. We are passionate about helping our clients return to work, either in their established profession or a new field.

When we work with clients who cannot return to work because of a work-related disability, we fight hard to recover the compensation they and their families need for the future.

At Kemmy Law Firm, you never have to worry about us pushing your case to the side. We are careful to limit our caseload to ensure that none of our experienced attorneys or staff members are overworked. We also choose to provide quality legal representation over quantity.

Texas Work Accidents in 2021

According to the Texas Department of Insurance, 533 Texans died while at work in 2021. Most of the fatal injuries were reported by private sector employees. Employees aged 55 to 64 years old were attributed the most deaths, followed by workers aged 45 to 54.

Most of the injuries were reported by the transportation and warehousing industry. Construction had the second highest number of fatal work injuries, followed by deaths in the professional and business services industry. Financial activities saw the lowest injuries per industry.

Awards & Associations
Million Dollar Advocates Forum Logo
Recognizes the 1% of lawyers who have obtained a jury verdict or award of one million dollars or more.
Super Lawyers Logo
Identifies outstanding and highly regarded lawyers with significant professional achievements.
Texas Board of Legal Specialization Logo
Certifies that a lawyer has substantial experience in select areas of law, completed continuing legal education, and passed a rigorous exam.
Top100 Logo
Awarded to U.S. law firms and attorneys with one of the highest jury verdicts, settlements, or awards in the Nation.
Multi-Million Dollar Advocates Forum Logo
Reserved for the top trial lawyers in America, who have won multi-million dollar verdicts and settlements.
Avvo 10 Rating Top Attorney Badge
Lists the best local attorneys in your area with important details about their skill and experience.
Expertise best car accident lawyers in Odessa 2021 image
Awarded to the best local experts, scored on more than 25 variables across five categories, and analyzed the results.
NTL Top 100 logo
The National Trial Lawyers Top 100 Trial Lawyers.

Workplace Accidents We Handle

When it comes to workplace accidents in West Texas, we have seen it all. With the boom of oilfield jobs and matters associated with that industry, we are ready to handle all kinds of injuries, from the unexpected to the preventable injuries.

Types of work accidents we handle include:

  • Truck accidents
  • Other transportation accidents
  • Forklift accidents
  • Crane accidents
  • Oil field accidents
  • Chemical or Toxic exposure
  • Confined space collapse
  • Crush injuries
  • Dangerous job site accidents
  • Dangerous machinery and equipment accidents
  • Entanglement
  • Falling objects
  • Falls from heights
  • Fires and explosions
  • Ladder or scaffold collapse
  • Pinned by/between objects
  • Slip and falls
  • Electric shock and electrocution
  • Violence by people or animals

Workplace accidents have all manner of causes. Some are more likely to occur because of a coworker or subcontractor’s negligence. Others might happen because the company fails to provide workers with proper training, equipment, or supervision. Some workplace injuries occur because of defective equipment.

After more than five combined decades of handling workplace accidents in Texas, the Kemmy Law Firm understands the nuances of each type, how to identify what went wrong and who is responsible.

What Kind of Work Injuries Are There?

Each workplace injury is unique. We recommend working with a work injury attorney to discuss your circumstances. The more serious your injuries, the higher the value of your damages, potentially.

At Kemmy Law Firm, we have handled cases involving all types of workplace injuries, including:

We know you might not feel an immediate need to see a doctor, especially if the injury seems minor. We recommend you seek medical attention quickly because your health matters and it can help protect your case. You might need to find an emergency room immediately, but get medically evaluated as soon as possible after your accident.

A doctor can diagnose your injuries, prescribe treatment, and ensure your accident is documented. If you’re pursuing a third-party claim, you must prove the accident happened because of your job. Insurance companies will fight to prove your workplace and your injuries aren’t related. A doctor’s testimony is crucial for successful claims.

Fatal Workplace Accidents

If your loved one is killed because of their work injuries, you must talk with a workplace accident lawyer immediately. You could pursue a wrongful death lawsuit. Filing a suit will not bring your loved one back, but it can provide peace of mind and protect your family’s future from financial distress.

Workers with workers’ comp benefits may have death benefits attached. These benefits can provide compensation for the funeral, burying your loved one, any medical expenses, and lost income.


When you put clients first, they notice.

They fought for us as if they were fighting for their own family.


If you’re looking for a law firm, where you’re not just another client. I can say from personal experience, you have found the right place at The Kemmy Law Firm. Everyone there always treated us amazingly. Not at any time were we in the dark, not knowing what was going on. Either Tom, Nick or Melissa would give us updates often on the case and explain to us the next steps. Which this made us feel like we were the only case they had. They fought for us as if they were fighting for their own family. They were compassionate about making sure we were going to be all right during the case as well as the years after the case. We are so thankful we found the Kemmy Law Firm and you will be too. Thank you Tom, Nick, and Melissa and everyone at The Kemmy Law Firm.

  Stacey Mitchell   |   07.19.2019   |   See All Reviews

The Workplace Injury Claim Process

Once we know you should pursue a third-party liability lawsuit, we will not waste time filing the proper paperwork and finding the evidence necessary to secure compensation. We’ll make sure you’re informed the entire time we work on your case.

Finding the Liable Party in Your West Texas Injury Accident

Identifying the people responsible for your injuries is crucial if you cannot access workers’ compensation benefits. We’ll investigate your case thoroughly, looking through the accident report, finding any photographic or video evidence, and checking witness statements. Any relevant information that can guide us to the party responsible will benefit your case.

Calculating Your Damages

If you’ve been injured on the job, you could face expensive medical costs while you can’t work. If someone’s negligent actions injured you and kept you off work, they can be held accountable for your damages. A major part of every personal injury claim is knowing how much your claim is worth. You need an accurate total to ensure the best chance of winning a settlement.

Under Texas personal injury law, you can recover your economic and non-economic damages caused in a workplace accident.  Your economic losses are your out-of-pocket expenses, the losses you experienced directly because of the accident. That includes medical bills, lost wages, or property damage.

Your non-economic damages are conceptual in nature. These are losses you’ve experienced because of your injuries. They can be difficult to calculate things like the mental anguish you suffered from your injuries, your diminished quality of life, or your reduced earning capacity.

Your lawsuit may be able to get you compensation for other losses, like your:

  • Past and future medical expenses
  • Pain and suffering
  • Emotional distress
  • Scarring and disfigurement
  • Physical limitations

If we take your case to trial, we want to be able to show the jury how these injuries have impacted you and your family’s daily lives and future. Proving damages also may require hiring a medical, economic, vocational, or other experts who can testify as to your inability to work, future medical expenses, and lost income.

Settlement Negotiations

After you’ve filed your third-party lawsuit, the liable party will have time to respond. It’s rare that they’d accept responsibility and pay you what you’re owed after a workplace accident. They’ll probably dispute the claim, and negotiations will begin.

Both sides will be able to examine available evidence during the discovery phase. We’ll use this to establish the at-fault party’s weaknesses and develop a strategy to pursue maximum compensation.

We’ll be able to sit down with the insurance company to discuss settlement amounts. They may offer lowball settlements or attempt to put blame on your shoulders for your injuries. We’ll stand firm: our evidence will show they owe you for your damages.

If the negotiations can result in an agreed-upon settlement, we’ll accept it and move on. If the insurer does not agree with a settlement amount, our next step is to go to trial. Kemmy Law Firm has experience handling workplace accident trials. We’ve helped clients recover millions in verdicts and settlements.

Types of Workers’ Compensation Benefits

If workers’ compensation covers you, notify your employer of your injury as soon as possible. Then, file an Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease (DWC Form-041) with the Texas Division of Workers’ Compensation.

The DWC then notifies your employer, and the workers’ comp insurer will accept or deny your claim.

Workers’ compensation insurance covers injured workers in various ways, depending on their circumstances.

  • Temporary Income Benefits (TIBs):If you are temporarily disabled for more than seven days, you can receive 70% of the difference between your average weekly wages and the wages you are able to earn after your on-the-job injury.
  • Impairment Income Benefits (IIBs): If you have a permanent partial disability that impacts your income, you may receive IIBs. The duration of IIBs depends on your impairment rating (IR), which signals the degree to which your body is impaired. You receive three weeks of IIBs for every percentage of impairment. The amount is based on 70% of your average weekly wages.
  • Supplemental Income Benefits (SIBs):If you have an IR of 15% or higher, have not returned to work or earn less than 80% of your pre-injury average weekly wages, are looking for work, and have not accepted a lump sum settlement, you can apply for SIBs. You must apply for these benefits every three months.
  • Lifetime Income (LIBs):You can receive lifetime income if you lost an extremity, lost your vision, sustained a spinal cord injury and paralysis, suffered a TBI causing insanity or imbecility or suffered third-degree burns over 40% or more of your body. You are entitled to 75% of your average weekly wages with a 3% increase each year.

If your claim is accepted, the insurer will calculate your benefits. Talk with an attorney if your claim is denied or the insurer calculated your benefits incorrectly.

Our Verdicts and Settlements
Speak for Themselves
New Mexico Oil Field Worker Suffers Back Injury

We obtained a $2 Million settlement for a New Mexico Oil Field worker.

18-Wheeler Parks on Side of Road and Causes Catastrophic Injury

We recovered a confidential 7 figure settlement (in the millions) for a West Texas family man.

Child Suffers Closed Head Injury at Amusement Park

The Kemmy lawyers secured a $2.3 Million settlement.

Permanent Brain Injury

The Kemmy firm secured an $8 Million settlement on behalf of a client who suffered a brain injury when basic safety rules were violated.


We Have a Successful Record For Workplace Injury Trials

Many work-related injury cases are settled before they go to court. That takes extensive preparation and tenacity. We’ll approach your claim as if we’re going to trial: we’ll be prepared for that eventuality, but we’ll pursue a settlement before a trial.

We never skimp on an investigation or take the discovery process easy. We’re looking for leverage and proof that will ensure we can demand the maximum compensation. It shows the at-fault party we mean business.

One of the many benefits of working with an experienced work injury law firm is you can be confident we have considered all of your economic and non-economic injuries. We do not focus on what your injuries have been up to this point. We consider what you need in the long run to fully recover or to take care of your family when you are unable to work.

We expect insurance companies to offer as little as possible, which is why we are prepared to fight for the full and fair compensation you deserve. Kemmy Law Firm has an impressive track record, and in a majority of cases, we succeed in recovering what our client’s need.

Personal Injury Attorneys & Trial Lawyers Let Our Family Protect Yours

Contact Kemmy Law Firm Today

(844) 334-4388 ONLINE FORM

Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.