Texas has one of the most unique workers’ compensation systems in the United States. Unlike most states, Texas doesn’t require most private employers to carry workers’ compensation insurance. This creates significant implications for injured workers, their legal rights, and the remedies available following a workplace accident
Experienced work injury lawyers in Houston, Texas, can help you understand workers’ comp benefits and represent you for maximum financial recovery. Here’s a guide to Texas work comp claims, which provides a basic overview of your rights under the law.
Texas Is a “Non-Subscriber” State
Texas allows private employers to choose whether to subscribe to the state-regulated workers’ compensation system. These employers are referred to as either:
- Subscribers: Employers who purchase workers’ compensation insurance through a certified carrier
- Non-subscribers: Employers who opt out of the system and don’t carry workers’ comp coverage
Public employers (e.g., government entities) are generally required to carry workers’ compensation.
Texas Workers’ Compensation Law Overview: Benefits Available
For employers who subscribe, the Texas Workers’ Compensation Act (Texas Labor Code Title 5) provides no-fault benefits, meaning employees don’t need to prove negligence. The key benefits include:
- Medical benefits for injury-related treatment
- Income benefits for lost wages, including
- Temporary Income Benefits (TIBs)
- Impairment Income Benefits (IIBs)
- Supplemental Income Benefits (SIBs)
- Lifetime Income Benefits (LIBs)
- Death benefits for surviving family members
- Burial benefits for funeral expenses
Employees receiving these benefits generally cannot sue their employer for negligence.
What Happens When an Employer Is a Non-Subscriber?
If an employer is a non-subscriber, the injured worker may sue the employer directly under Texas common law for workplace negligence. Notably:
- Employers lose the right to certain defenses, such as contributory negligence and assumption of risk.
- Damages can include medical expenses, lost wages, pain and suffering, and punitive damages.
- Injured workers must prove fault, unlike in the workers’ compensation system.
Non-subscriber employers generally use alternative benefit plans, which aren’t regulated by the Texas Department of Insurance.
Third-Party Liability Claims
Regardless of whether the employer is a subscriber or not, an injured worker may also file a third-party claim against any negligent third party responsible for the injury (e.g., a subcontractor, manufacturer, or property owner). It’s possible to pursue a third-party personal injury claim even when you have received workers’ compensation benefits.
Reporting and Filing Deadlines
Employees must:
- Report the injury to their employer within 30 days
- File a formal workers’ comp claim with the Division of Workers’ Compensation (DWC) within one year of the injury
Failure to meet deadlines may result in a denial of benefits.
Dispute Resolution in Texas Workers’ Compensation
The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) oversees claim disputes. The dispute resolution process may include:
- Benefit Review Conference (BRC)
- Contested Case Hearing (CCH)
- Appeals Panel review
- Judicial review in state district court
How Our Texas Workers’ Compensation Lawyer Can Help You
If you’re injured on the job, your recovery shouldn’t be derailed by a complicated or unfair claims process. At Amanda Demanda Injury Lawyers, our Texas workers’ compensation attorneys provide full-spectrum representation—from filing your claim to pursuing denied benefits and exploring third-party lawsuits when possible.
File a Thorough and Timely Workers’ Compensation Claim
The process starts with skill and timeliness. Attorney Amanda Demanda ensures your workplace injury is reported to your employer within the 30-day window and helps you complete DWC Form-041 to file your claim with the Texas Division of Workers’ Compensation (DWC).
Our legal team collects your medical records, incident reports, and witness statements to build a strong foundation for your claim from day one. In Texas, missing a deadline or leaving out critical details can result in delayed or denied benefits—mistakes Amanda Demanda works diligently to prevent.
Fight a Denied Claim Through the DWC Appeals Process
If your claim has been denied or underpaid, Amanda will initiate the dispute resolution process, starting with a Benefit Review Conference (BRC). If no agreement is reached, she will advocate for you in a Contested Case Hearing (CCH) before an administrative law judge.
Attorney Amanda Demanda’s strategic, evidence-backed presentations can tip the scales in your favor. If needed, she will escalate your case to the DWC Appeals Panel or even judicial review in state district court.
Investigate a Potential Third-Party Personal Injury Claim
Texas workers’ compensation doesn’t bar you from filing a separate third-party injury lawsuit if someone other than your employer caused your injury, such as a subcontractor, equipment manufacturer, or negligent driver.
Attorney Amanda and her legal team will conduct a parallel investigation to uncover third-party liability. These claims can provide compensation not available through workers’ comp, including pain and suffering and full wage loss.When your livelihood is on the line, trust Amanda Demanda Injury Lawyers to leave no stone unturned. We fight for injured Texas workers with the full force of our legal skills, experience, and resources to recover maximum compensation. To schedule your free consultation, call us 24/7 at 1-844-DEMANDA or contact us online.
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