Texas law guide
Hurt at Work in Texas? Your Employer's Choice Changes Everything
Texas is the only state where employers can skip workers' comp entirely — and when they do, the courthouse door opens. Here's how both paths work.
This guide is general information, not legal advice, and TX Legal Help is not a law firm. Deadlines and rules vary by situation — a participating Texas law firm can explain what applies to you. No outcome is guaranteed.
Attorney advertising. TX Legal Help is not a law firm and does not provide legal advice. Your information may be shared with a participating Texas law firm for review. No outcome is guaranteed.
First question: does your employer carry comp?
Texas is the only state where workers' comp is optional for employers. If yours subscribes, comp benefits apply and are generally the exclusive remedy. If it doesn't — a 'non-subscriber,' common even among major retailers — there are no automatic benefits, but you may be able to sue the employer directly.
If your employer subscribes: 30 days and one year
Report the injury within 30 days and file a claim with the Division of Workers' Compensation within one year. The insurer has 21 days to respond, and disputes run through the DWC starting with a benefit review conference — each step with strict deadlines.
Non-subscribers lose their best defenses
When a non-subscriber employee sues, Texas law strips the employer of its classic defenses (Labor Code § 406.033): it cannot blame your own carelessness, argue you accepted a risky job, or point at a co-worker. If the employer's negligence played any part, it can be liable. Be careful with employer 'benefit plans' and arbitration paperwork offered after an injury — have them reviewed before signing. Start at the non-subscriber hub.
Oilfield injuries: a maze of companies
From the Permian to the Eagle Ford, well sites mix operators, drilling contractors, and service companies — which means injured workers often have claims against more than one of them, on top of whatever coverage their own employer carries. Start at the Texas oilfield hub or the Texas work injury hub.
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Common questions
Can I sue my employer for a work injury in Texas?
Sometimes yes — if your employer is a non-subscriber (no workers' comp), you can generally sue it directly for negligence, and Texas law strips it of key defenses. If your employer subscribes, comp is generally the exclusive remedy, though third-party claims remain. A participating Texas law firm can review which applies.
How long do I have to report a work injury in Texas?
If your employer carries workers' comp: report within 30 days and file with the Division of Workers' Compensation within one year. Non-subscriber lawsuits run on the two-year clock instead. This is general information, not legal advice.
Is this legal advice?
No. TX Legal Help is a legal advertising and lead-generation website, not a law firm. This guide is general information; a participating Texas law firm can review your specific situation for free.
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