Workplace injury in Texas: Your rights are different here than almost every other state

Texas is the only state where private employers can opt OUT of workers' compensation insurance. This matters.

If your employer HAS workers' comp:

• Report the injury to your employer within 30 days (Texas Labor Code 409.001)
• File a claim with the Texas Division of Workers' Compensation (DWC): tdi.texas.gov/wc
• You're entitled to: medical treatment, income benefits (70% of average weekly wage), and rehabilitation
• You CANNOT sue your employer for the injury (the "exclusive remedy" trade-off)

If your employer does NOT have workers' comp (a "non-subscriber"):

• You CAN sue your employer directly for negligence
• The employer loses major legal defenses (contributory negligence, fellow employee negligence)
• Damages can include full lost wages, medical bills, pain and suffering, and potentially punitive damages
• This is actually BETTER for you in many serious injury cases

How to find out if your employer has workers' comp:

• Ask HR directly
• Check TDI's employer coverage database: tdi.texas.gov
• Texas Labor Code 406.005 requires employers to post notice of coverage status

Immediate steps after a workplace injury:

1. Report to supervisor immediately (verbal, then written)
2. Seek medical attention (document everything)
3. Take photos of the conditions that caused the injury
4. Get witness contact information
5. File DWC claim if employer has workers' comp
6. Consult an attorney if injury is serious (free consultation is standard for workplace injury attorneys)

Sources:

• Texas Labor Code Chapters 401-419 (Workers' Compensation Act)
• Texas Labor Code 406.005 (notice of coverage)
• Texas Labor Code 409.001 (reporting requirements)
• Texas Department of Insurance — Division of Workers' Compensation

Texas workers' comp opt-out means you need to know your employer's status BEFORE an injury happens.