Colleyville Workplace Injury Lawyer

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A workplace injury can turn your life upside down in an instant. Whether you slipped on a wet warehouse floor near the Colleyville Town Center, fell from scaffolding on a job site off Highway 26, or were hurt by defective equipment at a distribution center just off SH-183, the path forward can feel overwhelming. Medical bills stack up. Paychecks stop. And you may not even know whether you have the right to sue your employer. At Chandler Ross Injury Attorneys, we help injured workers in Colleyville and across the DFW area understand their rights and fight for the compensation they deserve. Call us at (940) 800-2500 for a free consultation.

Table of Contents

Why Texas Workplace Injury Law Is Different From Every Other State

Texas is the only state in the country that allows private employers to opt out of workers’ compensation insurance. This makes Texas workplace injury law fundamentally different from what you might expect. Understanding this distinction matters because it directly affects what legal options you have after getting hurt on the job.

In most states, workers’ compensation is mandatory. In Texas, private employers can choose whether to carry it. The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) refers to employers who carry workers’ comp as “subscribers” and those who do not as “non-subscribers.” Each category creates a very different legal situation for injured workers.

Under Texas Labor Code Section 408.001, workers’ compensation benefits are the exclusive remedy for employees whose employers carry coverage. That means if your employer is a subscriber, you generally cannot sue them in civil court for a work injury. Instead, you file a workers’ comp claim with the TDI-DWC for lost wages and medical benefits.

But if your employer is a non-subscriber, the rules flip. In an action against a non-subscriber employer, it is not a defense that the employee was guilty of contributory negligence, that the employee assumed the risk of injury or death, or that the injury was caused by the negligence of a fellow employee. That is a significant legal advantage for injured workers. It means your employer cannot point the finger at you or your coworkers to escape liability.

Colleyville sits in Tarrant County, a major commercial and industrial hub. Many businesses operating there, including warehouses, construction firms, and service companies, choose not to carry workers’ comp. If your employer is one of them, you may have a direct negligence claim worth pursuing in civil court. The personal injury lawyers at Chandler Ross Injury Attorneys can review your employer’s coverage status and tell you exactly where you stand.

Workplace injuries happen across every industry, and Colleyville’s mix of retail, construction, healthcare, and logistics operations means workers face a wide range of hazards every day. Knowing what types of injuries commonly lead to legal claims helps you recognize when your situation may warrant action.

Falls, slips, and trips accounted for 16% of all fatal workplace injuries in Texas in 2023. Non-fatal slip-and-fall injuries are even more common, and they happen in warehouses, restaurants, retail stores, and office buildings alike. A wet floor near a loading dock or an unmarked hazard in a storage room can cause broken bones, spinal injuries, and head trauma.

Exposure to harmful substances or environments accounted for 10% of all fatal workplace cases in Texas in 2023, with 22 of those due to exposure to electricity. Chemical burns, toxic fume inhalation, and electrical injuries are serious and often catastrophic. Workers in manufacturing and construction near Colleyville’s industrial corridors face these risks regularly.

Overexertion injuries are also extremely common. Lifting heavy materials, repetitive motion on an assembly line, and working in awkward positions can cause serious back, shoulder, and joint injuries over time. These injuries are sometimes harder to prove but are just as real and just as compensable.

Contact incidents, including being struck by propelled, falling, or suspended objects, accounted for 15% of all fatal workplace injuries in Texas in 2023. Construction workers, warehouse employees, and anyone working near heavy machinery or overhead materials face this risk daily.

If you suffered any of these injuries at a Colleyville job site, whether near the Colleyville Marketplace, along Precinct Line Road, or anywhere else in the area, you may have a legal claim. The nature and severity of your injury, combined with your employer’s insurance status, determines what type of claim you can bring. Call Chandler Ross Injury Attorneys at (940) 800-2500 to get a clear answer about your options.

What Texas Law Says About Non-Subscriber Employer Liability

When a Colleyville employer opts out of workers’ compensation, they give up powerful legal protections and expose themselves to full civil liability. Texas Labor Code Section 406.033 governs these situations, and it strongly favors injured workers.

Under Section 406.033, when an employee sues a non-subscriber employer for a work-related injury, the employer cannot use contributory negligence, assumption of risk, or co-employee negligence as defenses, and this section does not reinstate those defenses at common law. In plain terms, even if you made a mistake that contributed to the accident, your employer cannot use that against you to avoid paying damages.

The employer does retain a narrow set of defenses. The employer may defend the action on the ground that the injury was caused by an act of the employee intended to bring about the injury, or while the employee was in a state of intoxication. Outside of those two situations, a non-subscriber employer has very limited options to escape liability once negligence is shown.

What does negligence mean in this context? Workers can prevail if they can demonstrate that their injury was the result of their employer’s failure to use ordinary care in providing a safe workplace, which can include failing to hire enough workers, failing to train or supervise workers adequately, failing to warn workers of hazards, failing to provide safe tools, or failing to inspect equipment for defects.

Also critical: a cause of action under Section 406.033 may not be waived by an employee before the employee’s injury or death, and any agreement to waive that cause of action before the injury is void and unenforceable. This means your employer cannot make you sign away your right to sue as a condition of employment. If they tried to, that agreement is worthless.

Non-subscriber cases are civil lawsuits, not workers’ comp claims. They are filed in Texas state court and can result in damages for medical expenses, lost wages, pain and suffering, and more. Chandler Ross Injury Attorneys handles these cases for injured workers throughout the Colleyville area.

How the Workers’ Compensation Claims Process Works for Covered Employees

If your Colleyville employer does carry workers’ compensation insurance, your legal path is different. You file a claim through the Texas Division of Workers’ Compensation rather than suing your employer directly. Understanding this process helps you avoid costly mistakes that could jeopardize your benefits.

The first step is reporting your injury. Under Texas Labor Code Section 409.001, an employee must notify their employer of a work injury no later than the 30th day after the date the injury occurs, or, if it is an occupational disease, no later than 30 days after the employee knew or should have known the injury may be related to the employment. Missing this deadline can result in losing your right to benefits, so report promptly.

After reporting to your employer, you must also file a formal claim with the TDI-DWC. Workers’ comp benefits for covered employees include income replacement (called Temporary Income Benefits, or TIBs), Impairment Income Benefits (IIBs) for permanent impairment, Supplemental Income Benefits (SIBs), Lifetime Income Benefits (LIBs) in the most severe cases, and death benefits for surviving family members. These benefit categories are established under Texas Labor Code Chapter 408.

The workers’ comp system has dispute resolution procedures if your claim is denied or your benefits are reduced. The TDI-DWC offers Benefit Review Conferences (BRCs), which are informal dispute resolution meetings, as a first step. If the dispute is not resolved there, it can proceed to a contested case hearing before a hearing officer.

Workers’ comp disputes can be complicated, and insurers do not always pay what injured workers are owed. If your claim has been denied, delayed, or undervalued, Chandler Ross Injury Attorneys can review your situation and advise you on your options. We serve workers in Colleyville, Denton, and throughout the DFW region. Call (940) 800-2500 today.

Third-Party Liability Claims: When You Can Sue Someone Other Than Your Employer

Even if your employer carries workers’ compensation insurance, you may still have a civil lawsuit against a third party who contributed to your workplace injury. This is one of the most overlooked and valuable legal options for injured workers in Texas.

A third-party claim arises when someone other than your employer or a coworker caused or contributed to your injury. Common examples include a negligent truck driver who caused a crash while you were making deliveries on SH-121 near Colleyville, a manufacturer who sold your employer defective equipment, or a property owner whose unsafe premises caused your injury at a job site you were visiting.

Texas Labor Code Section 417.001 governs subrogation in third-party cases. When a workers’ comp carrier pays your benefits and you also recover from a third party, the carrier has a lien on your third-party recovery. This means the workers’ comp insurer can seek reimbursement from your settlement or judgment. Navigating this lien correctly requires legal knowledge, and getting it wrong can cost you money you are entitled to keep.

Third-party claims are not subject to the exclusive remedy limitation of Section 408.001. Nationally, private industry employers reported 2.6 million nonfatal workplace injuries and illnesses in 2023, and of these, 946,500 involved days away from work. Many of those injuries involved third-party equipment, vehicles, or premises, creating valid civil claims alongside workers’ comp benefits.

If a defective piece of machinery at a Colleyville worksite hurt you, or a delivery vehicle struck you while you were working near the busy corridors of Glade Road or Precinct Line Road, a product liability or premises liability claim may be available to you in addition to any workers’ comp benefits. Chandler Ross Injury Attorneys evaluates every angle of a workplace injury case to make sure nothing is left on the table. Reach out to us at (940) 800-2500 for a free case review.

Why Deadlines Matter and What Happens If You Wait Too Long

Time limits apply to every type of workplace injury claim in Texas, and missing them can permanently bar you from recovering any compensation. Knowing these deadlines and acting quickly is one of the most important things you can do after a work injury.

For workers’ compensation claims, Texas Labor Code Section 409.003 requires that an injured employee file a claim for compensation with the TDI-DWC. Failure to timely file can result in a forfeiture of benefits. The general rule is that a workers’ comp claim must be filed within one year of the date of injury or, for occupational diseases, within one year of when the employee knew or should have known the condition was work-related.

For non-subscriber lawsuits and third-party personal injury claims, the Texas Civil Practice and Remedies Code generally provides a two-year statute of limitations. This means you have two years from the date of your injury to file a lawsuit in civil court. If you miss that deadline, the court will almost certainly dismiss your case, regardless of how strong it is.

Two years may sound like plenty of time, but building a strong case takes time. Evidence disappears. Witnesses move on. Surveillance footage gets overwritten. Employers and their insurers start building their defense the day your injury is reported. The sooner you contact an attorney, the better your chances of preserving the evidence you need.

In Texas in 2023, private sector employees represented 93% of total workplace fatalities, with 526 incidents recorded. Behind each of those numbers is a family dealing with loss, and many of them faced tight legal deadlines on top of their grief. Wrongful death claims arising from fatal workplace injuries carry the same two-year statute of limitations. If you lost a family member in a Colleyville workplace accident, do not wait. Call Chandler Ross Injury Attorneys at (940) 800-2500 right away.

FAQs About Colleyville Workplace Injury Lawyer

Does my Colleyville employer have to carry workers’ compensation insurance?

No. Texas is the only state where private employers can legally opt out of workers’ compensation coverage. The Texas Department of Insurance, Division of Workers’ Compensation, refers to these employers as non-subscribers. Many businesses in Colleyville and throughout Tarrant County choose not to carry coverage. You can check your employer’s coverage status through the TDI-DWC’s online employer coverage search tool. If your employer is a non-subscriber and you were hurt on the job, you may be able to file a direct civil lawsuit for damages rather than a workers’ comp claim.

What compensation can I recover after a workplace injury in Texas?

The compensation available depends on whether your employer carries workers’ comp and who caused your injury. Workers’ comp benefits for covered employees include income replacement through Temporary Income Benefits, medical coverage, Impairment Income Benefits for permanent injuries, and death benefits for surviving family members under Texas Labor Code Chapter 408. If your employer is a non-subscriber, a civil lawsuit can recover medical expenses, lost wages, future earning capacity, pain and suffering, and other damages. A third-party claim can also add compensation on top of workers’ comp benefits if someone other than your employer caused or contributed to the injury.

What if I was partially at fault for my own workplace accident?

If your employer is a non-subscriber, your partial fault does not automatically bar your claim. Under Texas Labor Code Section 406.033, a non-subscriber employer cannot use your contributory negligence as a defense. If your employer does carry workers’ comp, fault is generally not a factor in the workers’ comp system since it operates on a no-fault basis. In third-party civil lawsuits, Texas follows a modified comparative fault rule under the Civil Practice and Remedies Code, which means your damages are reduced by your percentage of fault, and you are barred from recovery only if you are found more than 50% responsible.

How long do I have to report a workplace injury to my employer in Texas?

Under Texas Labor Code Section 409.001, you must notify your employer of a work injury no later than 30 days after it occurs. For occupational diseases, the 30-day clock starts when you knew or should have known the condition was related to your job. Failing to report within this window can jeopardize your workers’ comp claim. Beyond the employer notice requirement, you also have deadlines to file your claim with the TDI-DWC and, for civil lawsuits, a two-year statute of limitations. Report your injury immediately and contact an attorney as soon as possible to protect all of your rights.

Can I sue a third party if my employer’s workers’ comp is already covering my injury?

Yes. Workers’ compensation and a third-party civil lawsuit are not mutually exclusive. If a third party, such as a negligent driver, equipment manufacturer, or property owner, contributed to your workplace injury, you can pursue a civil claim against them even while receiving workers’ comp benefits. Texas Labor Code Section 417.001 does give your workers’ comp carrier a subrogation lien on any third-party recovery, meaning the carrier may seek reimbursement for benefits it paid from your settlement. An attorney can help you handle that lien correctly so you keep as much of your recovery as possible. Call Chandler Ross Injury Attorneys at (940) 800-2500 to discuss your specific situation.

Attorney responsible for this content: Chandler Ross Injury Attorneys, principal office located in Denton, Texas. This page is an advertisement. Past results do not guarantee a similar outcome in any future matter, as results depend on the specific facts and law applicable to each case. Each case is unique. Nothing on this page should be construed as a guarantee or prediction of results.

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