Texas Workers’ Compensation Lawyer Attorneys

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THE DASHNER DIFFERENCE
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HAVE YOU BEEN INJURED ON THE JOB IN TEXAS?

In Texas, your options after a workplace injury depend on whether your employer carries workers’ compensation insurance. Subscribers provide no-fault benefits; non-subscribers can be sued for full damages. The Dashner Law Firm helps injured Texas workers secure the compensation they deserve. Call 972-793-8989 for a free consultation.

A serious work injury can leave you facing mounting medical bills, lost wages, and pressure from an insurance company that is not on your side. Texas handles workplace injuries differently than any other state, and the path to recovery isn’t always obvious. Understanding your rights — and acting before critical deadlines pass — can make the difference between a fair recovery and no recovery at all.

Attorney Geoffrey Dashner and his team help injured workers navigate denied claims, disputed benefits, and lawsuits against employers who chose to opt out of the system. We know how these cases work, and we know how to fight for you.

The Texas Difference: Subscriber vs. Non-Subscriber Employers

Texas is the only state that does not require private employers to carry workers’ compensation insurance. This single fact shapes your entire case, so the first thing we investigate is your employer’s coverage status:

  • Subscriber employers carry workers’ comp insurance. You receive no-fault benefits regardless of who caused the accident, but you generally cannot sue your employer directly.
  • Non-subscriber employers have opted out. If your employer is a non-subscriber, you may file a personal injury lawsuit and pursue full damages — including pain and suffering and complete lost wages — that the standard system doesn’t cover. Importantly, non-subscribers also lose key legal defenses, making it easier to hold them accountable through negligence.

You can confirm your employer’s status by asking HR, checking the required posted notice, or searching the Texas Department of Insurance database. We handle this verification for every client.

What Workers’ Compensation Benefits Cover

If your employer is a subscriber, benefits are administered through the Texas Department of Insurance, Division of Workers’ Compensation (DWC) and typically include:

  • Medical benefits — reasonable and necessary treatment for your work injury, often for life on accepted claims.
  • Income benefits — partial wage replacement while you recover, including temporary, impairment, supplemental, and lifetime income benefits depending on the severity of your injury.

What benefits leave out is just as important: workers’ comp does not pay for pain and suffering. When injuries are catastrophic — such as a traumatic brain injury or permanent disability — those limits can leave you far short of what your losses actually cost. That’s why identifying every available avenue of recovery matters.

When You Can Sue Your Employer

If your employer is a non-subscriber, you are not limited to the workers’ comp benefit schedule. You may bring a lawsuit and recover the full value of your losses by proving the employer was at least partially negligent — for example, through unsafe conditions, inadequate training, or missing safety equipment. Because non-subscribers give up common-law defenses, these cases can be powerful, but they require experienced legal handling. Our overview of the Texas lawsuit process explains what to expect.

Third-Party Workplace Injury Claims

Even if you accept workers’ comp benefits, you may have a separate claim against a negligent third party — such as an equipment manufacturer, a subcontractor, or a driver who caused the accident. These third-party claims can recover damages workers’ comp doesn’t, and pursuing them alongside your benefits is one of the most overlooked ways to maximize compensation after a work injury. If the injury was fatal, surviving family members may also pursue a wrongful death claim.

Critical Deadlines After a Work Injury

Texas imposes strict, unforgiving deadlines. Missing any one can end your claim:

  • 30 days to report your injury to your employer in writing (Texas Labor Code § 409.001).
  • 1 year to file a formal claim with the DWC using Form DWC-041, even if you already told your employer.
  • 2 years to file a personal injury lawsuit against a non-subscriber employer or negligent third party.

For occupational illnesses that develop over time, these clocks generally start when you knew or should have known the condition was work-related. Because these windows are enforced rigidly, speaking with an attorney early protects both your evidence and your rights.

Why Choose The Dashner Law Firm

Insurance carriers have teams of adjusters and lawyers working to minimize what they pay you. You deserve someone equally determined on your side. Attorney Dashner brings personal, hands-on attention to every case and the resources to take on employers and insurers who won’t play fair. We work on a contingency basis — you pay nothing unless we recover for you.

Contact Our Workers’ Compensation Attorneys Today

If you’ve been hurt on the job, don’t let a deadline or a claims denial cost you the recovery you need. Contact The Dashner Law Firm today for a free, no-obligation case review. Call 972-793-8989 now — we’re on your side.

WORKERS COMPENSATION FAQs

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Is workers’ compensation required in Texas?

No. Texas is the only state that does not require most private employers to carry workers’ compensation insurance. Employers who do are called “subscribers,” and those who opt out are “non-subscribers” — a distinction that determines your legal options after a work injury.

Nearly half of Texas employers are non-subscribers. This makes confirming your employer’s coverage status the essential first step, because it decides whether you file for no-fault benefits through the state system or pursue a lawsuit for the full value of your losses. We verify this for every client at no cost.

What should I do after a workplace injury in Texas?

Seek medical treatment immediately and tell the provider your injury is work-related, then report the injury to your employer in writing within 30 days. Document everything — witnesses, wages, and incident details — and consult an attorney before signing anything from an insurer.

Reporting to your employer does not automatically file your official claim with the state. If your employer is a subscriber, you must also file Form DWC-041 with the Division of Workers’ Compensation within one year. Building a clear paper trail from day one makes it far harder for an insurer to dispute what happened.

Can I sue my employer for a work injury in Texas?

It depends on coverage. If your employer is a non-subscriber, yes — you can file a personal injury lawsuit and recover full damages, including pain and suffering. If your employer is a subscriber, you generally cannot sue them directly, though third-party claims may still apply.

Non-subscriber lawsuits can be especially strong because these employers give up common-law defenses, so you only need to prove they were partially negligent. Because the potential recovery is much larger than standard benefits, insurers fight these cases hard — experienced representation is essential.

What benefits does Texas workers’ compensation provide?

Subscriber workers’ comp provides medical benefits for treatment of your injury and income benefits that partially replace lost wages. It does not pay for pain and suffering, and income benefits are limited by statute based on your injury’s severity and duration.

Income benefits come in several forms — temporary, impairment, supplemental, and lifetime — each with its own rules and timelines. Because the system caps what you receive and disputes are common, many injured workers recover far less than their claim is worth without guidance on how the benefit structure works.

What is the deadline to file a workers’ compensation claim in Texas?

Report the injury to your employer within 30 days, and file Form DWC-041 with the Division of Workers’ Compensation within one year of the injury. For lawsuits against non-subscriber employers or third parties, the deadline is generally two years.

These deadlines are separate and cumulative — meeting one does not satisfy the others. Many workers wrongly assume their employer files the state claim for them; if the one-year deadline passes without Form DWC-041, you can lose your right to benefits entirely, no matter how serious the injury.

What if my workers’ compensation claim is denied?

You have the right to dispute a denial through the Texas Division of Workers’ Compensation, starting with a Benefit Review Conference and, if needed, a Contested Case Hearing and appeal. Having legal counsel greatly improves your chances against the insurer’s attorneys.

Denials and disputes are common — often over whether the injury is work-related or how much treatment is necessary. The free ombudsman program through the Office of Injured Employee Counsel can assist unrepresented workers, but for serious or contested claims, an experienced attorney levels a playing field the insurer has tilted in its favor.

Do I need a lawyer for a workers’ compensation claim?

Not every claim requires one, but you should strongly consider an attorney if your claim is denied or disputed, your injury is permanent, you face employer retaliation, or your employer is a non-subscriber. In those situations, legal help can dramatically affect your recovery.

The insurance carrier will have lawyers protecting its interests, and the rules governing benefits, deadlines, and appeals are complex. An attorney ensures paperwork is accurate and on time, identifies every source of compensation, and handles hearings and negotiations so you can focus on recovering.

Can I recover more than workers’ comp benefits after a work injury?

Often, yes. Even while receiving benefits, you may have a separate third-party claim against a negligent contractor, equipment manufacturer, or driver. And if your employer is a non-subscriber, you can pursue full damages directly. These avenues can far exceed standard benefits.

Third-party claims are one of the most overlooked opportunities in workplace injury cases. Many workers assume they’re limited to workers’ comp, only to later learn a negligent outside party was also responsible. Investigating every potentially liable party is a core part of how we maximize our clients’ recovery.

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