Being injured at work in Texas can be a confusing and overwhelming experience. Depending on whether your employer is part of the state workers' compensation system (a “subscriber”) or has “opted out” (a “non-subscriber”), your legal rights and options for compensation are very different.

At The McKinney Law Firm, we help injured Texans navigate these complex systems. With board-certified expertise in employment law and extensive experience in serious personal injury litigation, we are prepared to fight for the compensation you deserve, whether through a standard workers’ comp claim or a powerful non-subscriber lawsuit.

Get started with a free case evaluation by visiting our contact page.

The Texas Workers’ Compensation System

Texas is unique in that employers can choose whether or not to subscribe to the state’s workers’ compensation system.

If Your Employer Is a “Subscriber”

If your employer is a subscriber, your claim will be handled through the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC).

• Limited Recovery: In this system, you are generally limited to recovering medical benefits and partial wage replacement (income benefits). You cannot sue your employer for negligence, pain and suffering, or other personal injury damages.

• Strict Process: The system has specific rules and deadlines. Our firm can help you navigate the process, from initial filing to appealing a denied claim, ensuring your rights are protected and you receive the benefits you are entitled to.

• Retaliation Protection: It is illegal for your employer to fire or discriminate against you for filing a workers’ comp claim. If this happens, we can represent you in a separate wrongful termination lawsuit under the Texas Labor Code.

If Your Employer Is a “Non-Subscriber”

If your employer is a non-subscriber, you have a much different and potentially more powerful legal option: you can file a personal injury lawsuit against them in court.

• Proving Negligence: In a non-subscriber case, you must prove that your employer was negligent and that their negligence caused your injury.

• Greater Compensation: If successful, you may be able to recover a wider range of damages beyond medical bills and lost wages, including compensation for pain and suffering, emotional distress, disfigurement, and punitive damages in some cases.

• Employer Disadvantages: Texas law is very favorable to injured workers in these cases; the employer generally cannot claim that the worker was partially at fault for their own injuries.

Why Choose The McKinney Law Firm?

• Board Certification: Our founder, Chris McKinney, is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, offering extensive, focused experience in workplace disputes.

• Trial Experience: We are seasoned trial lawyers with a track record of taking on powerful entities, from large corporations to insurance companies.

• Personal Attention: We limit our caseload to give every client and case our personal, dedicated attention.

Do not let an injury derail your life. Let us fight for the justice and compensation you deserve. To schedule your free consultation, please visit our contact page.