Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
A job injury can change your life in an instant. One moment you are doing your job. The next, you may be dealing with pain, medical treatment, lost wages, and uncertainty about how you will support yourself and your family. If you were injured at work in Dallas, it is important to understand that you may have more legal options than you realize.
Texas has one of the most unique workplace injury systems in the country. Unlike every other state, Texas allows many private employers to choose whether they carry workers’ compensation insurance. That decision can significantly affect your rights, the benefits available to you, and whether you may be able to file a lawsuit against your employer or another responsible party.
At Frenkel & Frenkel, our Dallas workplace injury lawyers have spent decades helping injured workers navigate complex claims. We investigate the circumstances of the accident, determine whether workers’ compensation applies, and identify any third-party claims that may provide additional compensation. Our goal is to help injured workers recover the financial support they need while holding negligent parties accountable.
We offer free consultations and handle workplace injury cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
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KEY TAKEAWAYS
Quick Answer
What Should I Do If I Was Injured at Work in Dallas?
Get medical care right away and report the injury to your employer within 30 days. Then find out if your employer carries Texas workers' comp. If it does, you may get medical care and part of your lost pay, but you usually cannot sue your employer. If it does not, you may be able to file a lawsuit and seek full damages, including pain and suffering. In some cases, another party may also be responsible.
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You may have a workplace injury case if you were hurt on the job due to unsafe conditions, inadequate training, or employer negligence. The key question is simple: Was the workplace dangerous or did your employer fail to protect you?
There are a few things to consider. Were safety protocols ignored? Was equipment poorly maintained? Were you given proper protective gear? Was the hazard reported but left unaddressed? If you answer yes to any of these, you could have a valid claim.
Texas law allows injured workers to hold employers and third parties accountable. This may include workers’ compensation claims, third-party liability cases, or lawsuits against negligent contractors. You do not have to figure this out on your own. A lawyer can review your situation and help you understand your options.
The first question in a Texas job injury case is simple: does your employer carry workers’ comp? Texas is the only state that lets private employers skip it. About one-third of Texas private employers do. That choice shapes the whole case.
If your employer subscribes, you may get benefits without proving fault. The tradeoff is that workers’ comp is usually your only claim against that employer. The benefits are limited. You may get part of your lost pay and medical care, but not pain and suffering.
If your employer is a non-subscriber, you may be able to file a civil lawsuit. You would need to show negligence, such as a unsafe work site, poor training, or a known danger that was ignored. A winning case may include medical bills, full lost pay, future earning loss, pain and suffering, mental anguish, and sometimes punitive damages.
If a workplace injury changed your life, we are ready to listen. Contact us today for a free case review.
Even when workers’ comp applies, another party may also be at fault. If someone other than your employer helped cause the injury, you may be able to file a third-party claim too.
These claims are common on Dallas construction sites, where many companies work side by side. Common third parties include:
Texas workers’ compensation gives four main income benefits, plus medical care:
Quick Answer
Can I Sue My Employer for a Workplace Injury in Texas?
It depends on your employer's insurance status. If your employer is a workers' comp subscriber, Texas law usually bars a personal injury lawsuit against that employer. Workers' comp benefits are then your main remedy. If a worker dies because of gross negligence by a subscriber employer, surviving family members may be able to seek exemplary damages.
If your employer does not carry workers' comp, Texas law calls that employer a non-subscriber. In that case, you may be able to sue. A non-subscribing employer cannot blame your share of fault, say you assumed the risk, or shift blame to another worker.
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You must report the injury within 30 days.
You must file the form with the Texas Division of Workers' Compensation within one year.
Texas gives you two years from the injury date to sue a non-subscriber employer or a third party.
Family members usually have two years from the date of death.
Some private plans or job contracts use even shorter deadlines. The safest step is to act fast and get legal advice early.
If your employer carries workers’ comp, fault usually does not matter. You may still get benefits even if you helped cause the accident. The system is no-fault.
In a lawsuit against a non-subscriber, shared fault can matter in some cases. But a non-subscribing employer cannot use your own negligence to avoid responsibility. That rule can help injured workers a lot.
Our attorneys have spent decades fighting for people hurt in workplace accidents. We have the knowledge and resources to take on even the most complex cases against employers, general contractors, subcontractors, equipment manufacturers, and corporate defendants.
Our founding attorneys used to defend employers and insurance companies in workplace injury cases. Now, they use that inside knowledge to fight for injured workers like you. We know the tactics employers and insurers use to deny workplace injury claims, and we know how to counter them.
We have recovered over $1 Billion in settlements and verdicts for our clients.* For 16 straight years, our attorneys have been named among the Best Lawyers in Dallas.
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Falls, scaffold collapses, crane accidents, electrocutions, and struck-by incidents on Dallas and nearby projects.
Explosions, fires, equipment failures, and toxic exposure at drilling sites, refineries, and pipeline operations.
Forklift accidents, machine entanglement, conveyor belt injuries, and falls at Dallas-area facilities.
Crashes involving commercial drivers, delivery workers, and employees hurt in wrecks while working on Texas roads.
Patient-handling injuries, needlestick exposures, and slip-and-fall accidents affecting nurses, orderlies, and other workers.
Falls, overexertion injuries, and accidents at stores, restaurants, hotels, and other commercial properties.
Texas law requires non-subscriber employers to post a written notice in the workplace. It tells workers they do not carry workers' compensation insurance. You can also check with the Texas Department of Insurance, Division of Workers' Compensation. If you are not sure, a lawyer can help you find out fast.
It is illegal for an employer to fire or punish you for filing a workers' comp claim in good faith. Texas Labor Code Section 451 protects workers from retaliation. If you were fired, demoted, or treated badly because you made a claim, you may have a separate retaliation case.
A denial does not always end the case. Texas workers' comp claims can move through a dispute process that may include a Benefit Review Conference, a Contested Case Hearing, and further appeals. A lawyer who knows the Texas Division of Workers' Compensation process can help gather medical proof and fight for the benefits you deserve.
The answer depends on the type of claim. Workers' comp benefits are set by formula and do not include pain and suffering. For 2026, the max weekly wage benefit under workers' comp is $1,271.05. In a lawsuit against a non-subscriber or a third party, you may recover medical bills, full lost pay, future earning loss, pain and suffering, mental anguish, physical impairment, and sometimes punitive damages for gross negligence.
You do not have to hire a lawyer, but having one can improve your chance of a fair recovery. Employers and insurance companies use adjusters, lawyers, and claims staff to limit payouts. An experienced Dallas workplace injury attorney knows those tactics and how to answer them. Frenkel & Frenkel works on a contingency fee basis, so there is no upfront fee and no fee unless we recover money for you.
Be careful. Insurance adjusters, including workers' comp adjusters, want to limit what they pay. They may ask for a recorded statement, and your words can be used to cut benefits or deny them. Before you give a statement or sign papers, talk to a lawyer. A free consultation can help protect your claim.
Surviving family members may be able to file a wrongful death lawsuit in Texas. If the employer was a workers' comp subscriber, the exclusive remedy rule usually limits the family's options, but there is an exception when the employer's gross negligence caused the death. Gross negligence means the employer was consciously indifferent to safety. In that case, family members may be able to seek exemplary damages. If the employer was a non-subscriber, or if a third party also helped cause the fatal accident, other claims may be available.
