Legally Reviewed by Dale R. Rose on October 21, 2026
When you are hurt on the job, the path to compensation depends heavily on one factor most injured workers do not 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. Employers 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 (TDI-DWC) administers the benefits process.
Rose Knows Law represents seriously injured workers whose employers do not carry workers’ compensation insurance. Attorney Dale R. Rose brings 27 years of civil trial experience and more than 165 first-chair jury trials to every case he handles, and as part of our broader personal injury practice, he has litigated in 54 counties across Texas. You work directly with Dale throughout the process, never a case manager or associate.
⚠ Time-Sensitive Texas Filing Deadlines
You have 30 days to report your injury in writing and one year to file a claim if your employer carries coverage. Missing either deadline may permanently bar your recovery.
Rose Knows Law handles serious workplace injury cases involving non-subscriber employers across McKinney and Collin County on a contingency-fee basis, so you pay nothing unless we recover compensation for you.
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. Texas law also bars non-subscriber employers from raising certain defenses, such as contributory negligence, although they may raise others. This may make non-subscriber cases more favorable for injured workers if the injuries are serious enough to pursue.
Which Claims We Handle
Our firm focuses on non-subscriber cases involving serious injuries. If your employer carries workers’ compensation insurance, your claim is generally handled through the TDI-DWC administrative process, which is not a type of case we take.
Most Common Workplace Injuries We Handle
Serious on-the-job injuries can arise in virtually any industry. The types of cases Rose Knows Law 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
This list is general information and does not diagnose or establish the cause of any injury. 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 and Statute of Limitations for Workplace Injury Claims
Texas law imposes strict deadlines on workplace injury claims, and missing them may eliminate your right to recover anything. Two timelines apply if your employer carries workers’ compensation insurance. 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, 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, a personal injury lawsuit must generally be filed within two years of the date of the injury, with limited exceptions. In a wrongful death case, the two years begin on the date of death. You may review the statute on the Texas Legislature’s website.
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, and 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, the TDI-DWC process described above may apply to you.
How Rose Knows Law Approaches Your Case
Dale R. Rose does not take a one-size-fits-all approach to workplace injury claims. With 27 years of civil trial experience, Dale has represented individuals, small businesses, corporations, and the State of Texas as a prosecutor, so he understands how these claims are evaluated on both sides of the table. When you work with Rose Knows Law, 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.
Seriously 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?
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 its 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 can review the facts and explain how Texas law applies to your 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. If your employer is a non-subscriber, a personal injury lawsuit must generally be filed within two years of the injury, with limited exceptions. Missing a deadline may permanently affect your right to recover, 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 are called subscribers, and 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 its negligence contributed to your injury, you may be able to sue directly in civil court for the full range of damages, including pain and suffering, without the limitations that apply in the administrative system. Texas law also bars non-subscribers from raising certain defenses.
How much does it cost to hire a workers’ compensation attorney?
Rose Knows Law handles workplace injury cases on a contingency fee basis, which means you pay no attorney’s fees unless we recover compensation for you. Consultations are free, and the specifics of any fee arrangement will be discussed during your consultation.
May family members file a claim if a worker died because of a workplace injury?
Certain surviving family members may bring a wrongful death claim under Texas law if a worker dies because of a workplace injury caused by an employer’s negligence. 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 promptly.
What if my employer blames me for my injury?
Texas law limits the defenses a non-subscriber employer may raise, including contributory negligence, but an employer may still argue other defenses, such as that your own conduct was the sole cause of the injury. This is one of the most common tactics employers use to minimize their exposure in non-subscriber cases, and having an attorney evaluate the facts early may significantly affect the outcome of your claim.
Contact Rose Knows Law for a Free Consultation
Dale R. Rose has 27 years of experience and has tried more than 165 first-chair jury trials in over 54 Texas counties. Rose Knows Law is a boutique firm, which means you work directly with Dale on every part of your case, and consultations are free. We serve injured workers in McKinney, Allen, Frisco, Plano, Anna, Melissa, Princeton, Prosper, Celina, and the rest of Collin County.
Our fee is contingent on a recovery, so you pay nothing unless we recover compensation for you. If you were seriously injured at work and your employer does not carry workers’ compensation insurance, contact our office to schedule your free consultation.