Workplace injuries can have life-altering consequences. From medical bills and lost wages to permanent disability, the toll on injured workers and their families can be severe. In Dallas, TX, the process of seeking compensation for a workplace injury is different from other states, largely because Texas doesn’t require employers to carry workers’ compensation insurance.
This creates two distinct paths for recovery: traditional workers’ compensation and non-subscriber claims. If you or a loved one has suffered a workplace injury, it’s time to get seasoned personal injury lawyers in Dallas on your side.
Workers’ Compensation in Dallas, TX
Texas is the only state that doesn’t mandate private employers to carry workers’ compensation insurance. Employers who opt into the system are known as subscribers, while those who decline coverage are referred to as non-subscribers.
If your employer is a subscriber, and you’re injured on the job, you must typically file a workers’ compensation claim rather than sue your employer. The key features of the Texas workers’ comp system include:
- No-fault coverage: You’re entitled to benefits regardless of who caused the accident.
- Limited benefits: You may receive medical care, income benefits, and impairment compensation, but you cannot recover damages for pain & suffering.
- Employer immunity: In exchange for providing no-fault coverage, the employer is shielded from lawsuits filed by injured employees (with few exceptions, such as intentional harm).
Work Injury Claims Against Non-Subscriber Employers
Many Texas employers may not subscribe to the workers’ compensation system. These non-subscriber employers aren’t immune to lawsuits. If you’re injured while working for a non-subscriber, you may have the right to file a personal injury lawsuit directly against your employer. Non-subscriber claims are fundamentally different from workers’ comp cases for these reasons:
- Fault is required: You or your work injury attorney must prove the employer’s negligence caused your injury (e.g., unsafe equipment, lack of training, failure to provide safety gear).
- Damages are broader: You can seek compensation for pain and suffering, emotional distress, and punitive damages—none of which are available in workers’ compensation.
- Limited defenses for employers: Texas law prohibits non-subscribers from using certain traditional defenses (e.g., assumption of risk, co-worker negligence, contributory negligence) in court.
Common Types of Work Injuries in Dallas
Serious workplace injuries in Dallas may include:
- Construction Accidents: Falls, scaffold collapses, electrocution, and heavy machinery accidents.
- Warehouse and Manufacturing Injuries: Forklift accidents, repetitive stress injuries, crushed limbs, and exposure to toxic substances.
- Transportation-Related Injuries: Delivery drivers and commercial vehicle operators often face roadway hazards.
- Oilfield and Industrial Accidents: Explosions, burns, and equipment malfunctions.
- Office Injuries: Slips and falls, ergonomic strain, and injuries from defective office equipment.
Third-Party Liability Claims in Dallas Workplace Accidents
Even if your employer carries workers’ compensation, you may still file a third-party liability claim against someone other than your employer. Examples include:
- Defective equipment: Suing the manufacturer of a malfunctioning tool or machine.
- Negligent subcontractors: On multi-employer job sites, subcontractors may be liable for unsafe practices.
- Auto accidents: If you’re injured while driving for work due to another motorist’s negligence.
- Property owners: If you were injured while working on someone else’s property due to dangerous conditions.
Dallas workplace accident lawyers can file third-party claims to allow injured workers to seek full damages, including pain and suffering, in addition to any workers’ comp benefits they receive.
Reporting a Workplace Injury in Dallas, TX
Prompt reporting is vital for any work injury claim. In Texas:
- You must report your injury to your employer within 30 days of the incident (or the date you discovered the injury).
- If your employer is a subscriber, you typically have one year to file a workers’ comp claim with the Division of Workers’ Compensation (DWC).
- If your employer is a non-subscriber, the standard personal injury statute of limitations applies, which is two years from the date of injury.
Compensation for Dallas Work Injury Claims
The type and amount of compensation depend on the legal path you take:
For Workers’ Compensation:
- Medical care related to the injury
- Temporary income benefits (TIBs) for missed work
- Impairment income benefits (IIBs) for permanent injuries
- Supplemental income benefits (SIBs) in limited cases
For Non-Subscriber or Third-Party Claims:
- Medical expenses (current and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Physical impairment or disfigurement
- Punitive damages (in rare cases of gross negligence)
Dedicated Dallas Legal Help for Work Injuries Is Here
If you have suffered a workplace injury in Dallas, don’t fight the complex legal system alone. At Amanda Demanda Injury Lawyers, our legal team offers legal services for workers’ comp claims, non-subscriber claims, and third-party lawsuits.
We have the experience and resources to take on powerful employers and insurers, ensuring your voice is heard. To schedule your free consultation, call us 24/7 at 1-844-DEMANDA or contact us online.
