SERIOUS ATTORNEYS FOR SERIOUS INJURIES
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Getting hurt at work can turn your life upside down in a matter of seconds. Whether you slipped on a wet warehouse floor off US-380, suffered a construction injury near the Denton County Courthouse, or were hurt in an industrial accident somewhere along I-35, you deserve to know your rights. As an Aubrey resident working in Denton County or the surrounding area, Texas law gives you specific legal options after a workplace injury, and those options depend heavily on whether your employer carries workers’ compensation insurance. At Chandler Ross Injury Attorneys, we help injured workers in Aubrey and throughout Denton County understand exactly where they stand and fight to get them the compensation they deserve.
Table of Contents
- Why Texas Workplace Injury Law Is Different From Every Other State
- What Texas Law Allows You to Recover When Your Employer Is a Non-Subscriber
- Common Workplace Injuries in the Aubrey and Denton County Area
- Your Rights Under Texas Workers’ Compensation If Your Employer Is a Subscriber
- How to Protect Your Workplace Injury Claim From the Start
- FAQs About Aubrey Workplace Injury Claims
Why Texas Workplace Injury Law Is Different From Every Other State
Texas is the only state in the country where private employers can legally choose not to carry workers’ compensation insurance. Today, only Texas remains a true “opt-out” state, where private employers can still legally go “bare” and choose not to participate in the workers’ compensation system. That single fact changes everything about how your workplace injury claim works.
When your employer carries workers’ compensation insurance, they are called a “subscriber.” Under Texas Labor Code Section 408.001, workers’ compensation benefits become the exclusive remedy for most injured employees of subscriber employers. That means you generally cannot sue a subscriber employer directly for negligence. Instead, you file a claim through the Texas Division of Workers’ Compensation (DWC), the state agency that administers the system, and receive benefits for lost wages and medical care.
When your employer does not carry workers’ compensation, they are called a “non-subscriber.” Private employers can legally choose whether to participate in the workers’ compensation system, creating “subscriber” and “non-subscriber” classifications. Approximately 72% of Texas employers choose to carry workers’ compensation insurance, while 28% operate as non-subscribers outside the system. That 28% is a significant number, and if your employer falls into it, your legal path looks very different.
The Aubrey area has grown rapidly, with new warehouses, distribution centers, and commercial developments spreading along the US-380 corridor. More employers means more variation in coverage status. Before you assume your employer is covered, it pays to verify. You can check an employer’s coverage status through the Texas Department of Insurance’s online database. The attorneys at Chandler Ross Injury Attorneys can also verify this for you quickly during a free consultation.
What Texas Law Allows You to Recover When Your Employer Is a Non-Subscriber
If your employer is a non-subscriber, you have the right to sue them directly for negligence. That is a powerful option, and Texas law stacks the deck in your favor in a meaningful way. Under Texas Labor Code Section 406.033, when you bring a negligence claim against a non-subscriber employer, that employer cannot use three of the most common defenses that normally defeat injury claims.
Specifically, under TX Lab Code § 406.033, it is not a defense that you were guilty of contributory negligence, that you assumed the risk of injury, or that your injury was caused by the negligence of a fellow employee. Think about what that means in practice. Imagine you were injured at a construction site near Lake Ray Roberts because a coworker failed to follow a safety protocol. In most states, your employer could point to that coworker’s negligence and reduce or eliminate your recovery. In Texas, against a non-subscriber, that defense is gone.
To win your case, you must prove that your employer, or an agent of your employer acting within the scope of employment, was negligent. That is the standard under TX Lab Code § 406.033(d). The employer can still argue that you intentionally caused your own injury or that you were intoxicated at the time. Outside of those two defenses, your position as a plaintiff is considerably stronger than in a typical negligence case.
A direct negligence lawsuit against a non-subscriber can result in compensation that workers’ compensation benefits simply do not cover. You can seek full lost wages, medical expenses, pain and suffering, mental anguish, and loss of enjoyment of life. These categories of damages are not available through the workers’ comp system, which is one reason why non-subscriber cases often result in greater recoveries for seriously injured workers.
Common Workplace Injuries in the Aubrey and Denton County Area
In 2024, employers reported 2.5 million injury and illness cases in private industry, down 3.1 percent from 2023. Despite that national decline, workplace injuries remain a serious problem in Texas. Private sector employees represented 93% of total fatalities, with 526 incidents in 2023. Texas consistently ranks among the highest states for occupational fatalities, and Denton County’s booming construction and logistics sectors contribute to that number.
The most common types of workplace injuries we see in the Aubrey area include falls from heights on construction sites, being struck by falling objects, forklift and heavy equipment accidents, repetitive stress injuries, chemical and toxic substance exposure, and electrocution. Falls, slips, and trips accounted for 16% of all fatal injuries in Texas in 2023. That figure is not surprising given how much construction activity is underway near Aubrey, particularly along the expanding residential and commercial corridors heading toward Pilot Point and Denton.
Transportation-related injuries are also common. In 2023, there were 246 transportation incidents representing 44% of all fatal workplace incidents in Texas. Workers who drive as part of their jobs, including delivery drivers, field technicians, and construction crews moving between job sites along FM 428 or US-380, face real exposure to serious injury.
Catastrophic injuries, including traumatic brain injuries, spinal cord damage, severe burns, and crush injuries, can result from a single workplace accident. These injuries often require long-term medical care and may permanently reduce a worker’s ability to earn a living. If you or someone you love suffered a serious injury on the job in Aubrey, call Chandler Ross Injury Attorneys at (940) 800-2500 to discuss your options with a member of our team.
Your Rights Under Texas Workers’ Compensation If Your Employer Is a Subscriber
If your employer does carry workers’ compensation insurance, the process works differently. Under Texas Labor Code Section 408.001, workers’ compensation is the exclusive remedy against the employer in most cases. You cannot sue your employer directly for negligence in the ordinary sense. Instead, you file a claim with the Texas Division of Workers’ Compensation and receive benefits defined by the statute.
Texas workers’ compensation provides four main categories of income benefits. Temporary Income Benefits (TIBs) replace a portion of your lost wages while you are recovering and unable to work at full capacity. Impairment Income Benefits (IIBs) compensate you if your injury results in a permanent impairment rating. Supplemental Income Benefits (SIBs) apply if you continue to have a significant loss of earning capacity after your IIBs expire. Lifetime Income Benefits (LIBs) are reserved for the most catastrophic injuries, such as total and permanent blindness or loss of both hands.
Under TX Labor Code § 409.003, injured employees must report their injury to their employer within 30 days to preserve their claim rights. Missing that deadline can seriously damage your ability to receive benefits. The DWC will notify you of your rights and responsibilities after it receives notice of your injury, as required by TX Labor Code § 409.010.
Even with a subscriber employer, you may have claims against third parties who contributed to your injury. For example, if defective equipment made by another company caused your injury, you may have a product liability claim against the manufacturer. If a contractor’s employee on a shared job site caused your accident, you may have a claim against that contractor. These third-party claims exist separately from your workers’ comp claim and can significantly increase your total recovery. The personal injury lawyers at Chandler Ross Injury Attorneys can evaluate whether you have both a workers’ comp claim and a third-party claim at the same time.
How to Protect Your Workplace Injury Claim From the Start
The steps you take immediately after a workplace injury in Aubrey can make or break your claim. First, report the injury to your employer as soon as possible. Under Texas law, you have 30 days to report a workplace injury to your employer to preserve your workers’ compensation rights. Waiting can give an insurance company or employer grounds to dispute your claim entirely.
Second, seek medical attention right away. Do not wait to see how you feel in a few days. Some of the most serious injuries, including traumatic brain injuries and internal injuries, do not produce obvious symptoms immediately. Getting prompt medical care creates a documented connection between the workplace incident and your injuries. That documentation is critical evidence in any legal proceeding.
Third, document everything you can. Take photos of the accident scene, the hazard that caused your injury, and any visible injuries. Write down the names of coworkers who witnessed what happened. Preserve any text messages, emails, or safety reports related to the incident. If the accident occurred on a job site near the Denton County Justice Center or anywhere in the greater Aubrey area, the physical scene can change quickly. Evidence disappears. Get it documented before it does.
Fourth, be careful about signing anything. Under TX Labor Code § 406.033(e), any agreement you sign before your injury that purports to waive your right to sue a non-subscriber employer is void and unenforceable. However, post-injury waivers can be valid under certain strict conditions. Never sign a release, settlement agreement, or waiver without first having an attorney review it. The requirements for a valid post-injury waiver under § 406.033(f) are specific and detailed, and employers sometimes present documents that do not fully comply with those requirements.
Fifth, contact Chandler Ross Injury Attorneys before you speak with your employer’s insurance company or risk management team. Insurance adjusters are trained to minimize claims. A single recorded statement made without legal guidance can be used against you. Our team is available at (940) 800-2500, and we offer free consultations for injured workers in Aubrey and throughout Denton County.
FAQs About Aubrey Workplace Injury Claims
Does my employer in Aubrey have to carry workers’ compensation insurance?
No. Texas is the only state where most private employers can legally choose not to carry workers’ compensation insurance. Under the Texas workers’ compensation system administered by the Texas Department of Insurance’s Division of Workers’ Compensation, private employers are classified as either subscribers (those who carry coverage) or non-subscribers (those who do not). You can check your employer’s status through the Texas Department of Insurance’s online database, or call Chandler Ross Injury Attorneys at (940) 800-2500 and we can verify it for you.
Can I sue my employer directly if I was injured at work in Aubrey?
It depends on whether your employer carries workers’ compensation insurance. If your employer is a subscriber, Texas Labor Code Section 408.001 makes workers’ compensation your exclusive remedy against the employer in most cases, and you generally cannot sue them directly for negligence. If your employer is a non-subscriber, you can file a direct negligence lawsuit against them. In that lawsuit, under TX Lab Code § 406.033, your employer cannot use contributory negligence, assumption of the risk, or fellow employee negligence as defenses against you.
How long do I have to file a workplace injury lawsuit in Texas?
For a personal injury lawsuit against a non-subscriber employer, the general statute of limitations in Texas is two years from the date of injury under Texas Civil Practice and Remedies Code Section 16.003. For workers’ compensation claims against a subscriber employer, you must report the injury to your employer within 30 days and file your claim with the Texas Division of Workers’ Compensation within one year of the injury. Missing either deadline can eliminate your right to recover. Contact Chandler Ross Injury Attorneys as soon as possible after your injury to make sure you do not miss a critical filing deadline.
What compensation can I recover in a workplace injury lawsuit in Texas?
In a direct negligence lawsuit against a non-subscriber employer, you can recover full economic damages, including all past and future medical expenses, all lost wages and loss of earning capacity, and non-economic damages such as pain and suffering, mental anguish, and loss of enjoyment of life. These categories of damages go well beyond what workers’ compensation benefits provide. In a workers’ compensation claim, you receive income benefits calculated as a percentage of your average weekly wage and coverage for reasonable and necessary medical treatment. Each case is different, and past results in other cases do not guarantee a specific outcome in your case.
What if my workplace injury was partly my own fault?
If your employer is a non-subscriber, your own contributory negligence is not a defense they can raise against you under TX Lab Code § 406.033. That means even if you made a mistake that contributed to the accident, the employer cannot use that fact to defeat your claim. If your employer is a subscriber and you are pursuing a third-party claim against someone other than your employer, Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code Section 33.001. You can still recover as long as your percentage of fault does not exceed 50%, though your damages are reduced by your percentage of responsibility. An attorney at Chandler Ross Injury Attorneys can walk you through how these rules apply to your specific situation.
Content written and approved by Chandler Ross Injury Attorneys, principal office located in Denton, Texas. The attorneys at Chandler Ross Injury Attorneys are licensed to practice law in the State of Texas. Results in any individual case depend on the specific facts and applicable law and cannot be predicted or guaranteed based on prior outcomes.
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