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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
Specifically, under TX Lab Code \u00a7 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.<\/p>\n\n\n\n
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 \u00a7 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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
Under TX Labor Code \u00a7 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 \u00a7 409.010.<\/p>\n\n\n\n