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How Workers' Compensation Works in Texas
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How is Workers' Compensation in Texas different from other states?
If you’re a resident of the Lone Star state, then you’re playing a completely different ball game than everyone else in the United States. In Texas, private businesses—with a few exceptions—are able to opt out of workers’ compensation insurance if they decide to. This system heavily favors employers, allowing them to cut costs on otherwise government-mandated insurance premiums, but it leaves injured Texas employees left in the dust with next to no recompense. Fortunately, the majority of Texas employers have chosen to “subscribe” to the Texas Workers Compensation program to avoid legal fees and liability.
If your employer is an insurance coverage “subscriber”
If your Texan employer opted in for workers compensation insurance, then filing a claim will work similarly to how it does everywhere else. You’ll need to report the injury within 30 days of the accident and then formally begin the process by filing an Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease form (DWC Form-041) with the Division of Workers’ Compensation (DWC) within one year. Filing a workers’ compensation claim, like in other states, would make you unable to sue your employer for a work-related injury.
If your employer is an insurance coverage “non-subscriber”
If your Texan employer decided to opt out of providing workers’ compensation insurance—which many businesses do to save money, though non-subscribers are the minority—you will not be able to file a workers’ compensation claim. However, this opens up an avenue that was previously unavailable to you: employees of non-subscribers are allowed to file personal injury lawsuits against their employers.
To successfully win a case against your employer, you must prove that you were injured because the company you work for acted with negligence in some way. A few examples of an employer acting with negligence might involve failing to provide a safe working environment or failing to provide the necessary equipment to safely complete a task. You are able to sue for the same damages that you might find in a personal injury case:
- Medical expenses
- Disfigurement or permanent injury
- Pain and suffering
- Loss of wages or future earnings
- Decreased quality of life or lost enjoyment
- Permanent disability or physical impairment
- Mental or emotional distress
- Cost of medication or therapy
File a workers’ compensation claim
If you or a close family member got hurt or fell ill while on the clock because of a safety hazard, you may be eligible to file a claim to get compensated for your injuries or file a lawsuit against your employer.
Ready to file a claim ?
See if you qualify to file for workers’ compensation.
Referenced Articles
- Texas Department of Insurance. (2024, February 6). Workers’ compensation insurance guide. Retrieved from https://www.tdi.texas.gov/pubs/consumer/cb030.html
- Texas Department of Insurance. (2023, September 14). Injured employee resources. Retrieved from https://www.tdi.texas.gov/wc/employee/index.html
- Texas Department of Insurance. (2019, March 15). Injured employee FAQ. Retrieved from https://www.tdi.texas.gov/wc/employee/iefaqe.html#:~:text=You%20must%20report%20your%20injury,you%20may%20not%20get%20benefits.
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