DFW Workplace Injury Attorney — Injured on the Job in Texas? Know Your Rights.
Workplace injuries in Texas are legally unique — and more complex than most injured workers realize. Texas is the only state in the country that does not require most private employers to carry workers’ compensation insurance. That means the rules, your rights, and your path to compensation depend entirely on who your employer is and what coverage they carry. RTM PLLC helps injured workers throughout the Dallas-Fort Worth area navigate this complex system and fight for the full compensation they deserve.
Texas Workplace Injury Law Is Different From Every Other State Texas Workplace Injury Law Is Different From Every Other State
In most states, workers’ compensation is the only remedy for a workplace injury. In Texas, employers can opt out of the workers’ compensation system entirely — making them what is called a “non-subscriber.” If your employer is a non-subscriber and you were injured on the job, you may have the right to sue them directly for negligence — and recover damages that workers’ compensation would never cover, including pain and suffering and punitive damages in some cases. RTM PLLC determines exactly which legal path gives you the strongest claim and maximum recovery.
Your Two Main Legal Paths After a Texas Workplace Injury
If Your Employer Has Workers’ Compensation Insurance
If your employer subscribes to workers’ compensation in Texas, your claim goes through the Texas Department of Insurance Division of Workers’ Compensation (DWC). Workers’ comp covers your medical expenses and a portion of your lost wages — but it does not cover pain and suffering. RTM PLLC helps you navigate the workers’ comp system, dispute denied claims, and identify whether a third-party negligence claim is also available to recover damages workers’ comp does not cover.
If Your Employer Does NOT Have Workers’ Compensation (Non-Subscriber)
If your employer opted out of workers’ compensation — which many Texas employers do — you have the right to sue them directly for negligence. In a non-subscriber case, you can recover full damages including medical expenses, lost wages, pain and suffering, mental anguish, and more. Critically, non-subscriber employers in Texas cannot use common defenses like contributory negligence to reduce your claim. RTM PLLC pursues non-subscriber cases aggressively throughout DFW.
Third-Party Claims — Additional Compensation Beyond Workers’ Comp
Even if your employer has workers’ compensation, you may still have a separate negligence claim against a third party who contributed to your injury — such as a negligent contractor on your job site, an equipment manufacturer whose defective product caused your injury, or a driver who caused a vehicle accident while you were working. RTM PLLC identifies every third-party claim available and pursues them alongside your workers’ comp claim to maximize your total recovery.
Common Workplace Injuries RTM PLLC Handles in DFW
- Falls from heights — scaffolding, ladders, roofs, and elevated platforms
- Struck-by accidents — falling objects, moving equipment, and vehicles
- Caught-in and caught-between accidents — machinery, equipment, and vehicles
- Overexertion injuries — lifting, carrying, pushing, and repetitive motion
- Burns and chemical exposure injuries
- Electrocution and electrical injuries
- Vehicle and forklift accidents on job sites
- Exposure to toxic substances and occupational diseases
- Traumatic brain injuries from workplace accidents
- Amputations and crush injuries
- Wrongful death — when a workplace accident takes a family member’s life
Industries We Commonly See Workplace Injury Claims From in DFW
- Construction and general contracting
- Warehousing, distribution, and logistics
- Manufacturing and industrial facilities
- Transportation and trucking
- Oil and gas — including drilling, pipeline, and refinery work
- Healthcare and hospital workers
- Retail and restaurant workers
- Government and municipal employees
- Landscaping and outdoor labor
What Compensation Can You Recover After a Texas Workplace Injury?
- All medical expenses — past and future
- Lost wages for all time missed from work
- Loss of future earning capacity if your injuries affect your ability to work
- Pain and suffering — in non-subscriber and third-party claims
- Mental anguish and emotional distress
- Permanent impairment and disability benefits
- Wrongful death damages for surviving family members
- Punitive damages in cases of gross negligence
Frequently Asked Questions — Texas Workplace Injury Claims
How do I know if my employer has workers’ compensation in Texas? You can check the Texas Department of Insurance website or simply ask RTM PLLC — we verify your employer’s coverage status immediately as part of your free case evaluation.
Can my employer fire me for filing a workplace injury claim in Texas? Texas law prohibits employers from retaliating against employees for filing a workers’ compensation claim. If you have been fired, demoted, or threatened after reporting a workplace injury, RTM PLLC can help you pursue a retaliation claim in addition to your injury claim.
What if I was partially at fault for my workplace injury? In a non-subscriber negligence case, Texas comparative fault rules apply — but non-subscriber employers cannot use your contributory negligence as a defense, which is a significant advantage. In workers’ comp cases, fault generally does not affect your right to benefits. RTM PLLC evaluates your specific situation and advises you on the strongest path forward.
How long do I have to file a workplace injury claim in Texas? For workers’ compensation claims, you generally have one year from the date of injury to file. For negligence lawsuits against non-subscriber employers or third parties, you have two years. Do not wait — contact RTM PLLC as soon as possible to protect your rights.
Injured at Work in DFW? RTM PLLC Fights for the Full Compensation You Deserve.
Texas workplace injury law is complicated — but your path to compensation does not have to be. RTM PLLC cuts through the complexity, identifies every claim available to you, and fights for maximum recovery. Call us today at (254) 421-4442 for a free confidential consultation. No fee unless we win.