Workplace Injuries in Texas: Workers' Comp vs. a Personal Injury Lawsuit

Workplace Injuries · Liz Valdez Garza · 2026-11-02

When you're hurt at work, the first questions are usually practical: Who pays my medical bills? How do I pay rent while I can't work? In Texas, the answers depend on whether your employer carries workers' compensation insurance — and whether anyone besides your employer played a part in your injury.

Option 1: Workers' compensation benefits

If your employer carries workers' comp (called a subscriber), you can generally receive benefits no matter who was at fault. Benefits may include:

Medical care for your work injury
Income benefits for part of your lost wages while you recover
Benefits for lasting impairment
Death benefits for families after a fatal accident

The trade-off: workers' comp usually doesn't pay for pain and suffering, and it doesn't replace all of your lost income. In most cases, if your employer is a subscriber, you cannot sue your employer for negligence. One important exception: when a worker is killed because of an employer's gross negligence, the surviving spouse and children may be able to seek additional damages.

Workers' comp also has deadlines. You generally must report your injury to your employer within 30 days, and file a claim with the state within one year.

Option 2: A lawsuit against a non-subscribing employer

Texas lets most private employers opt out of workers' comp. These employers are called non-subscribers. If you're hurt working for a non-subscriber and the company's negligence caused your injury, you may be able to file a personal injury lawsuit against your employer.

A lawsuit can seek compensation workers' comp doesn't cover, like full lost wages, future earning capacity and pain and suffering. And under Texas law, non-subscribing employers generally can't defend themselves by blaming you or a co-worker for the accident.

Option 3: A third-party claim

Even when workers' comp applies, someone other than your employer may be responsible. Common third-party claims include:

A delivery driver or other motorist who hits you while you're working
A different contractor on a job site whose crew caused the accident
The manufacturer of a defective machine, tool or safety device
A property owner who knew about a dangerous condition

A third-party claim is a separate personal injury case and can include damages workers' comp doesn't pay.

Which option fits your situation?

Often the answer is more than one. A worker hurt in a crash while driving a company truck, for example, may have a workers' comp claim and a separate claim against the other driver. Sorting out the options early helps make sure you don't miss a deadline or leave compensation on the table.

What to do right now

Get medical care and say clearly that you were hurt at work.
Report the injury to your supervisor in writing and keep a copy.
Ask whether your employer carries workers' compensation.
Write down witnesses, equipment involved and what happened.
Don't sign waivers or give recorded statements until you get advice.

Get answers from a Brownsville work injury lawyer

Attorney Liz Valdez Garza helps injured workers across the Rio Grande Valley understand their options and fight for what they're owed. Call 866-LA-LEONA for a free consultation — se habla español.

Frequently Asked Questions

How long do I have to report a work injury in Texas?

For workers' comp, you generally must report the injury to your employer within 30 days. Report it in writing as soon as possible.

Can I be fired for filing a workers' comp claim?

Texas law prohibits employers from firing or discriminating against employees for filing a workers' compensation claim in good faith.

What if I was partly at fault for my injury?

Workers' comp is generally no-fault. If your employer is a non-subscriber, Texas law generally prevents the employer from using your own negligence as a defense.

Valdez Garza Law Firm, P.C. · 1105 East 6th Street, Brownsville, TX 78520 · 866-LA-LEONA (866) 525-3662