Legally Reviewed by Dale R. Rose on August 5, 2025
When you are hurt on the job, the path to compensation depends heavily on one factor most injured workers don’t know to check: whether your employer carries workers’ compensation insurance. Texas is one of the only states where employers are not required to provide coverage. Those who opt out are called non-subscribers, and when a non-subscriber’s negligence causes your injury, you may be able to pursue full damages in civil court — without the caps that limit traditional workers’ comp benefits. If your employer does carry insurance, the Texas Department of Insurance, Division of Workers’ Compensation administers the benefits process, but navigating denied claims or disputed benefits still requires experienced legal guidance.
At Dale R. Rose, PLLC, attorney Dale R. Rose brings 27 years of civil trial experience and over 165 first-chair jury trials to every case he handles. His courtroom background spanning 54 counties across Texas means he understands how these claims are evaluated from both sides. If you were seriously injured at work and you are not sure where to turn, contact Dale R. Rose, PLLC to find out what options may be available in your specific situation.
⚠ Time-Sensitive — Texas Law Limits Your Window to File
You have just 30 days to report your injury and 1 year to file your claim. Missing either deadline may permanently bar your recovery.
Dale R. Rose, PLLC handles serious workplace injury cases across McKinney and Collin County on a contingency-fee basis — you pay nothing unless we recover for you. With over $18 million recovered since 2010, Dale knows how to build a winning case.
How Texas Workers’ Compensation Law Works
Texas operates a two-track system for workplace injury claims. Under Texas law, employers can choose whether to participate in the state’s workers’ compensation program, administered by the Texas Department of Insurance Division of Workers’ Compensation (TDI-DWC). Employers who subscribe provide structured benefits through an insurance carrier. Employers who opt out — known as non-subscribers — must file a DWC Form-005 with the TDI-DWC annually to disclose the absence of coverage and notify their employees.
For non-subscriber claims, injured workers may sue the employer directly in civil court and pursue full compensation, including pain and suffering, without the coverage caps that apply in the administrative system. Non-subscriber employers also lose several common defenses, such as contributory negligence, that would otherwise be available to them under Texas law. This often makes non-subscriber cases more favorable for injured workers — if the injuries are serious enough to pursue.
Most Common Workplace Injuries We Handle
Serious on-the-job injuries can arise in virtually any industry. The types of cases Dale R. Rose, PLLC handles include injuries caused by employer negligence or unsafe working conditions, such as:
- Slip and fall injuries caused by wet floors, uneven surfaces, or inadequate lighting
- Struck-by incidents involving falling objects, equipment, or vehicles
- Machinery and equipment malfunctions
- Construction site accidents, including scaffold and ladder falls
- Traumatic brain injuries (TBI) from impacts or falls
- Overexertion injuries from lifting, pulling, or repetitive motion
- Burns, lacerations, and crush injuries
- Catastrophic and serious injuries causing long-term disability
If your workplace injury resulted from your employer’s negligence and your employer does not carry workers’ compensation insurance, you may have grounds for a civil claim that goes beyond what the administrative system offers.
Deadlines You Cannot Afford to Miss in Texas
Texas law imposes strict deadlines on workplace injury claims, and missing them may eliminate your right to recover anything. Under Texas law, there are two critical timelines to keep in mind from the moment you are injured.
First, you must report your injury to your employer in writing within 30 days of the date you were hurt or first became aware that your condition was work-related. Failing to provide timely written notice may forfeit your eligibility for benefits, regardless of how serious your injuries are. Second, if your employer carries workers’ compensation insurance, you must file a formal claim with the TDI-DWC using DWC Form-041 within one year of your injury date. For occupational illnesses that develop gradually, the one-year clock generally begins when you first knew or reasonably should have known the condition was job-related. The Texas Department of Insurance outlines these timelines in detail for injured employees. If you work for a non-subscriber employer, the two-year statute of limitations for personal injury lawsuits under Texas law applies to your civil claim instead.
What to Do after a Workplace Injury
After suffering a serious on-the-job injury, acting quickly and following the right steps protects both your health and your legal rights.
Seek Medical Attention Immediately
Your health comes first. If your injuries require emergency care, call for help right away. Document all medical treatment you receive — from the initial evaluation through every follow-up appointment and prescription. This record becomes critical evidence in your claim.
Report the Injury to Your Employer in Writing
You must notify your employer of the injury as soon as possible — and in writing. Verbal notice alone is often insufficient. Include the date, how the injury occurred, and the nature of your injuries. Keep a copy of everything you submit and get confirmation that your employer received it. Under Texas law, your ability to recover may depend on proof that you gave proper, timely notice.
Document the Scene and Preserve Evidence
If you are able, photograph the area where the injury occurred, any equipment involved, and your visible injuries. If coworkers witnessed the incident, write down their names as soon as possible. Any documentation showing the employer’s knowledge of a hazard, a history of similar incidents, or a failure to address unsafe conditions may significantly strengthen your case.
Determine Whether Your Employer Is a Subscriber or Non-Subscriber
Ask your employer — or your HR department — whether they carry workers’ compensation insurance through TDI-DWC. This single fact determines which legal path is available to you and what damages you may be able to recover. Many employees do not know this information until after an injury occurs.
Compensation You May Be Able to Recover
The compensation available to you depends on whether your employer is a subscriber or non-subscriber. For non-subscriber claims pursued in civil court, recoverable damages may include:
- All medical expenses, including emergency care, surgery, hospitalization, and rehabilitation
- Lost wages and future earning capacity if your injuries affect your ability to work
- Pain and suffering and other non-economic damages not available in the administrative system
- Prescription and ongoing medical costs
- Short-term and long-term disability losses
For subscriber claims, the TDI-DWC administers income replacement benefits, medical cost coverage, and impairment income benefits depending on the severity and duration of your injuries. If your claim has been denied or benefits have been delayed, a personal injury attorney familiar with the Texas workers’ compensation system may be able to help you dispute the decision.
How Dale R. Rose, PLLC Approaches Your Case
Dale R. Rose does not take a one-size-fits-all approach to workplace injury claims. With over 27 years of civil trial experience and a background representing both injured workers and employers, Dale understands exactly how these cases are evaluated on both sides of the table. When you work with Dale R. Rose, PLLC, you work directly with Dale — not an associate or a case manager — throughout every stage of your case. He handles cases across McKinney, Collin County, and beyond, and he is prepared to take your case to trial if that is what it takes to achieve a fair result. Contact Dale R. Rose, PLLC today for a free consultation to discuss what your options may be.
Injured on the job? You don't have to navigate this alone.
Every case is handled directly by Attorney Dale R. Rose — never passed off to a case manager. Find out what your claim may be worth in a free, no-obligation consultation.
Frequently Asked Questions
Do I have a valid workers’ compensation claim in McKinney, Texas?
Whether you have a viable claim depends on how you were injured, the severity of your injuries, and whether your employer carries workers’ compensation insurance. If your employer is a non-subscriber and their negligence caused your injury, you may have grounds for a civil lawsuit seeking full damages. If your employer is a subscriber, you may be entitled to administrative benefits through TDI-DWC. The best way to find out is to speak with an attorney who handles both types of claims and understands how Texas law applies to your specific situation.
What is the deadline to file a workers’ compensation claim in Texas?
Texas law requires you to report your workplace injury to your employer in writing within 30 days of the date you were hurt. If your employer carries workers’ compensation insurance, you must also file a formal claim with the Texas Division of Workers’ Compensation using DWC Form-041 within one year of your injury date. For occupational diseases that develop gradually, the one-year clock typically begins when you first knew or reasonably should have known the condition was related to your work. Missing either deadline may permanently affect your right to benefits, so it is critical to act quickly.
What is the difference between a subscriber and a non-subscriber employer in Texas?
In Texas, employers can choose whether to participate in the state’s workers’ compensation system. Employers who purchase coverage through TDI-DWC are called subscribers — their injured employees receive structured benefits through the administrative process. Employers who opt out are called non-subscribers. If you are injured working for a non-subscriber and their negligence contributed to your injury, you may be able to sue them directly in civil court for the full range of damages, including pain and suffering, without the limitations that apply in the administrative system. Non-subscriber employers also lose the right to assert certain defenses that would normally protect them under Texas law.
How much does it cost to hire a workers’ compensation attorney in McKinney?
Dale R. Rose, PLLC handles workplace injury cases on a contingency-fee basis, which means you pay no attorney’s fees unless we recover compensation for you. There are no upfront costs and no hourly fees. This arrangement ensures that every injured worker — regardless of their financial situation — has access to serious legal representation. The specifics of any fee arrangement will be discussed during your free initial consultation.
Can family members file a claim if a worker passed away due to a workplace injury?
Yes. If a worker dies as a result of a workplace injury caused by an employer’s negligence, surviving family members may have the right to pursue a wrongful death claim under Texas law. Eligible family members may include a surviving spouse, children, and in some cases parents. A wrongful death claim may allow recovery for loss of financial support, loss of companionship, funeral expenses, and other related damages. There are strict deadlines for these claims, so it is important to consult an attorney as soon as possible.
What if my employer blames me for my own workplace injury?
Texas uses a modified comparative fault system under Texas law. If your employer argues that your own actions contributed to the injury, you may still be able to recover compensation as long as you are found to be less than 51% responsible. However, your total recovery may be reduced by your percentage of fault. This is one of the most common tactics employers use to minimize their exposure in non-subscriber cases. Having an experienced attorney evaluate the facts early on — before positions harden — may significantly affect the outcome of your claim.